What is international business mediation in the New Partnership method?

International business mediation is a structured process in which companies, shareholders, partners or boards of directors sit together with a neutral mediator in order to address a dispute that crosses borders – legal borders, cultural borders and organizational borders. Instead of asking only “who is right under which law”, the New Partnership method focuses on the question “what needs to happen now so that all sides can move forward in a sustainable way”.

In cross-border disputes, there is rarely a single story. Each side comes with its own narrative: how the relationship started, who invested what, which promises were made, what went wrong and who did not keep their word. At the same time, there are objective elements: contracts in different legal systems, regulatory requirements, compliance constraints, political changes and currency or logistics risks.

The New Partnership method brings these two dimensions together. On the one hand, it recognizes the emotional layers of disappointment, pressure, fear and anger that accompany every serious dispute. On the other hand, it looks carefully at the commercial and legal frameworks: joint ventures, licensing agreements, distribution agreements, supply contracts, IP ownership, shareholders’ rights and governance structures in more than one country.

Instead of being drawn into a spiral of letters between law firms in different languages and time zones, the companies are invited to a process where everyone can be heard in one coordinated framework. The aim is to move from escalation and polarization to a clear and realistic agreement that can be implemented in the real world in all relevant jurisdictions.

Typical situations suited for international business mediation

International business mediation is relevant for a wide variety of conflicts between companies that operate across borders. For example, disputes between partners in a joint venture when expectations are not met; disagreements between a manufacturer in one country and a distributor or franchisee in another; conflicts between technology companies and implementation partners in local markets; or disputes between shareholders and investors when a project does not develop as planned.

It is also appropriate when there are parallel proceedings or the risk of them: one company is considering filing a lawsuit in a certain jurisdiction, another is preparing for arbitration elsewhere, and there is a real danger of a long, expensive and fragmented legal battle. Mediation allows bringing all the relevant actors into one structured process, before everyone becomes locked into their legal positions and public statements.

In sectors where reputation and relationships are critical – such as technology, life sciences, energy, infrastructure, financial services, professional services or family-owned multinational businesses – mediation is often the only tool that allows the parties to end a crisis without burning bridges and harming their standing in the market.

How does international business mediation work in practice?

The process begins with an initial call or meeting with the key decision-makers, sometimes separately and sometimes together. The purpose of this stage is to understand who the parties are, what jurisdictions are involved, which contracts and legal frameworks are relevant and what each side hopes to achieve. At this point we are not yet “negotiating the dispute”, but building a safe and clear framework for the work.

Once there is agreement to move forward, the mediation is structured into a series of meetings. Some are joint meetings with representatives and advisors from both sides; others are private caucus meetings in which each side can speak with the mediator in confidence about constraints, red lines, internal pressures and possible concessions. These conversations often make it possible to explore options that could not be put on the table in a direct negotiation.

Throughout the process, the New Partnership method emphasizes the future. We ask not only how to close the existing gap, but also how the relationship – or its orderly ending – should look in five or ten years’ time. This perspective makes it possible to design solutions that take into account reputation, future cooperation, investors, employees and the wider ecosystem in which the companies operate.

When understandings mature into concrete agreements, they are formulated in a clear document that can be implemented in all relevant jurisdictions. In some cases this will be a commercial settlement agreement that remains private; in others, the agreement will be submitted for approval to a competent court or arbitral institution, so that it will receive the status of a binding judgment or award.

International enforceability and the Singapore Convention on Mediation

One of the key questions in cross-border disputes is not only how to reach agreement, but how to ensure that the agreement will be respected and enforceable in different countries. For this reason, international business mediation today often relies on the framework of the United Nations Convention on International Settlement Agreements Resulting from Mediation – known as the Singapore Convention on Mediation.

Where the conditions of the Convention are met and the relevant countries are signatories, it is possible to give the mediated settlement agreement a status that is close to that of a court judgment: the agreement can be presented to the competent authorities in the signatory states and serve as a basis for enforcement, without having to re-litigate the entire dispute.

In practice, this means that when we design and draft an agreement in international mediation, we can already think ahead about enforceability in the different jurisdictions, and structure the document so that it fits both the commercial needs of the parties and the legal requirements of the Singapore Convention where applicable. This provides the companies with an additional layer of certainty and reduces the risk of future non-compliance.

Why choose Nishri Mediators for international business mediation?

Nishri Mediators operates as a mediation practice that combines extensive experience in family and business mediation with deep familiarity with complex civil and commercial disputes. Over more than 15 years, the New Partnership method has been refined in highly charged, high-stakes cases involving multiple parties, professionals and jurisdictions.

Our approach is integrative: we speak the language of lawyers and in-house counsel, but we also understand the language of CEOs, founders, investors and family owners. We know how to move between legal detail and strategic overview, between financial spreadsheets and human dynamics, in order to build solutions that do not collapse the day after they are signed.

The mediation can take place in person in Israel or fully online via secure video platforms, with participants joining from any time zone. When needed, we work in collaboration with local counsel, accountants and tax advisors in the relevant countries, so that the agreements reached in mediation are compatible with regulatory and tax requirements and can be implemented smoothly.

Above all, the New Partnership method is committed to a simple principle: to transform an escalating conflict into an opportunity to redesign the relationship – or its ending – in a way that is more honest, more stable and more sustainable for all concerned.

When is it worth considering international business mediation?

Mediation is worth considering whenever you feel that the dispute is already too big for informal negotiation, but you are not sure that litigation or arbitration will truly serve your long-term interests. This is especially true when you want to protect reputation, avoid public proceedings, maintain the possibility of future cooperation or prevent the conflict from spreading to additional markets and stakeholders.

Even if legal proceedings have already started, it is often possible to pause, refer the dispute to mediation and reach an agreement that will later be given binding force by the competent tribunal. For many companies, this route proves faster, more predictable and significantly less costly – financially and emotionally – than a prolonged international legal battle.

If your company is currently facing a cross-border dispute, and you wish to explore a path that protects both your interests and your long-term relationships, international business mediation with the New Partnership method may be an appropriate choice.

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