Mediation is increasingly popular with businesses. It allows them to steer the resolution of a dispute towards a mutually beneficial result and maintain control over the outcome even if negotiations have broken down. Mediation also maximizes the chances to maintain long-standing relationships between companies despite the successful resolution of their dispute. In addition, mediation allows businesses to control costs and time more tightly than is possible in litigation or arbitration proceedings.
We assist businesses in capitalizing on these opportunities, by helping them to assess whether this dispute resolution mechanism is best suited for their needs in a particular case; by guiding them through business mediations either as (facilitative or evaluative) mediators; or by assisting them in making their mediations a success as their party representatives. We are experienced in both institutional and ad hoc settings with a focus on international commercial mediation proceedings.
We also advise our clients on possibilities how to optimize the use of mediation in conjunction with other dispute resolution mechanisms. For example, we assist businesses in structuring multi-tier dispute resolution settings, allowing them to move their dispute to arbitration in the most efficient way if mediation proceedings fail. Where the parties reach a settlement in a successful mediation, we assist our clients to transform this outcome into an award on agreed terms, which can be enforced globally under the New York Convention on the Recognition and Enforcement of Arbitral Awards.
We also provide assistance to our clients already at an early stage by drafting tailor-made dispute resolution clauses that optimally cover their needs in a particular case or project.