What is Mediation?
Mediation is, essentially, an assisted, voluntary negotiation process and is a form of Alternative Dispute Resolution (“ADR”). ADR refers to dispute resolution processes that do not involve court or arbitration proceedings. By far the most common of these is mediation.
The specific offer of BMediations for you is the mediation skill stemming out from 25+ years of experience in international business transactions in the oil & gas industry across entirely different countries and legal traditions, leading to successfully conciliating very diverse positions and interests among the parties, and reaping a host of solutions alternative to the law. With BMediations you may find the solution to your case where you least expected it.
A true resort.
What are Certain Benefits of Mediation When Compared to the Courts?
- settling disputes expediently (mediations may last one day and may be set up quickly).
- a significant reduction of costs (court and legal).
- relatively unstressful.
- potentially maintaining or developing mutually beneficial business relationships.
- potential tailored outcomes (mediation can result in any terms that suit the parties unlike court orders, or arbitration awards, which are limited to the consequence of the assessment of technical legal rights).
Is the Mediation a Binding Procedure?
Yes. The outcome of the mediation is typically a Settlement Agreement and this agreement is enforceable by the courts. The parties, of course, are free to subject the Settlement Agreement to the conditions and extent of validity they see fit.
What Power does the Mediator have over the Parties?
The Mediator does not act as a judge or arbitrator, and has no power over the parties to produce an outcome. Mediation is a voluntary procedure where the parties keep control of the process. For example, a mediation process can be suspended, or an impasse be declared, and no prejudice will ensue against either party.
Is Mediation a Confidential process?
Yes, Mediation is a confidential process whereby an independent and neutral third party (the Mediator) is appointed to help the parties reach a negotiated settlement. However, one must always refer to the law of the jurisdiction applicable to the mediation because different conditions may apply. In North Carolina, for example, the law covers the information disclosed among the mediator and each of the parties, but not necessarily the information that one party discloses openly to the other party during the mediation; in this case, the parties will need to agree that all information disclosed during the mediation be kept confidential. This is something that may be easily disposed of by the mediator at the beginning of the process.
If a lawsuit has been initiated, am I still able to resort to a Mediation?
Mediation may, in principle, be attempted at any time, that is, before or after formal court or arbitration proceedings have been commenced, or in conjunction (or “parallel”) with those proceedings. However, not all cases can be mediated.
What is the downside of Mediation?
- You can’t compel the counterparty;
- You need the counterparty to agree to come to mediate;
- Your case may not be allowed to mediation by the law.
Can I choose Mediation over a Court procedure?
Yes, but not all cases can be mediated, even if you chose to. A large number, if not the majority, of criminal cases cannot be mediated; and neither the wide range of cases where the Government or the public has an interest. For the most part, private proprietary matters and commercial cases may be mediated. A number of family cases may be mediated as well.
How does one start a Mediation?
Call your Mediator. He will contact your counterpart and set a time, day and place agreeable to all.