- What is Mediation?
- Why Mediation for International Businesses?
What is Mediation?
Mediation is a means of resolving conflicts and solving problems with the assistance of a neutral third party – the mediator – who will encourage and facilitate productive discussions between parties to a dispute.
SIMC’s mediators are well-versed in a variety of techniques and equipped with the interpersonal skills to create dialogue and encourage active participation from the parties. They are able to set the tone of the conversation and regulate the dynamics of the parties’ negotiations. They may also bring to bear their wealth of knowledge and experiences in order to provide a sense of objectivity and assist parties to arrive at practical and long-term solutions.
If mediation is successful, the parties will enter into a settlement agreement.
Why Mediation for International Businesses?
Mediation preserves neutrality and confidentiality.
It can help save time and hefty legal costs if the parties manage to fully settle their disputes. This is particularly where international disputes may involve instructing counsel from multiple jurisdictions as well as complex conflicts of law issues.
Even if the parties are unable to fully settle their disputes through mediation, the process of mediation often brings added clarity to the scope and nature of the dispute. This can help to streamline any ensuing litigation or arbitration proceedings.
As the mediator’s role is not to adjudicate on the merits of the parties’ dispute, it is the parties who have control over the outcome of the dispute. They can agree on both legal and non-legal solutions that are forward-looking and suited to their interests and needs.
The non-adversarial and flexible nature of mediation also means the process can be business-oriented. A skilled mediator can use the mediation process to enhance, preserve or repair the relationship between the parties.