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5 Reasons to Hold Your Next Mediation in the “Capital of Latin America” Daily Business Review

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5 Reasons to Hold Your Next Mediation in the “Capital of Latin America”

Source: Daily Business Review
Date: November 2017
| | DAIL Y BUSINESS REVIEW 5 Reasons to Hold Y our Next Mediation in the “Capital of Latin America” By Cristina Pereyra-Alvarez, Retired Judge 11th Judicial Circuit Mediation is gaining traction in Latin American markets. The ability to bypass heavily congested and potentially cor- rupt court systems provides commercial investors with an efficient tool to resolve con- flicts and move forward. Miami has emerged as an important destination for regional dis- putes in Latin America. New laws in many Latin American countries and an increase in mediation has supported this growth. Seating a case is an important element in successfully resolv- ing a case. In disputes where the parties reside in different countries, selecting a neutral venue can be both an advantage and a challenge. Distances can be significant and, while much of the Caribbean and Latin American region speaks Spanish, Portuguese, English Creole French and Papiamento are spoken by important seg- ments of the population as well. Seating a case in Miami pro- vides a neutral location for regional cross-border disputes. Miami’s nickname of “The Capital of Latin America” makes sense and here are five reasons why your next media- tion should be held there: 1. Miami is one flight from any Latin American capital and parties find that this multicul- tural city welcomes visitors in their own language. Nearly half of Miami-Dade’s residents are foreign-born and more than 70 percent speak a language other than English at home. The city’s safety, quality of life and privi- leged location make it a favored destination for Latinos whether for business or pleasure. Among the 1,600 Latin American exec- utives, 74 percent voted Miami Reprinted with permission from the 0/00/00 edition of the DAILY BUSINESS REVIEW © 2017 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. Contact: 877-257-3382 reprints@alm.com or visit www.almreprints.com. # 100-11-17-16 as the best city from which to do business with Latin America. 2. Miami boasts a large number of experienced, multi- lingual neutrals who work on cases not only in the Miami area, but around the world. 3. Mediation has shown particularly strong growth in Latin America although, across a relatively small base. Legal structures to support the increased use of mediation are only now being put in place in most countries, although prog- ress has been neither consis- tent, nor uniform across all areas of the economy nor from country to country. Even with this strong growth in local cen- ters, Miami continues to be an important venue for Latin American ADR services. 4. Even the biggest or most complex issues can be resolved efficiently in Miami. Contractual disputes most often involve a company and its customers, its vendors or its employees. The ability to maintain those rela- tionships is an important out- come of resolving the dispute and mediation provides a ready solution. A successful mediation allows parties involved to quickly resolve an issue and move forward, avoid- ing long delays, increased costs and potential bankruptcy while waiting for a case to move through the court system. Mediations also limit the costs associated with taking a case to trial and removes uncer- tainty involved in waiting for a court’s verdict. Miami provides a venue where mediations and arbitrations can be scheduled quickly, leveraging some of the best panelists in the world. 5. Many global companies have their Latin American headquarters in Miami includ- ing General Motors, Microsoft, Caterpillar , Iberia, FedEx, Bupa and Diageo all have based their Latin American operations in Miami. It has become an ideal hub in terms of transportation and communications and is an extremely attractive place to work and live. Cristina Pereyra-Alvarez, retired Judge 11th Judicial Circuit, is a JAMS neutral based in Miami. Her extensive knowledge of the law and rich cultural background positions her to serve as an effective and informed mediator and arbitrator. She can be reached at cpereyra@jamsadr.com.