Kathy Fisher and Rodney Jacob, along with Cathy Yanni of JAMS, published an article in The Recorder on April 16, 2012, "Cross-border mediation: when negotiating with a party in Asia, patience and knowledge of local customs are key to a successful resolution."
The authors note that, "The adage that success in life can be achieved by 'just showing up' does not apply to mediation of cross-border disputes. A well-designed process is a must. There is a high cost to failure with cross-border mediations. While international arbitration is a reasonably familiar dispute resolution technique, mediation is not. The failure of one poorly planned mediation often creates a viewpoint that 'mediation does not work' and sends the parties back to the courtroom for good."