Commercial Mediation

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Conflicts and disputes arise throughout the business world. The big question is not whether they are going to arise, but how to solve them. There are different ways to do that. One way is to allow unknown people to decide on the parties, such as courts or arbitrators. Another way is that the parties themselves can determine the outcome, as in mediation. The starting point here is that the parties themselves - and nobody else - best know what satisfies their respective interests and needs. Mediation is especially suited to disputes between parties who have ongoing business relationships. For example, disputes may concern disputes regarding co-ownership of a company and other types of cooperation, as well as in rental, work and contractual disputes.

A mediator is independent and neutral. The mediator does not decide on the parties and gives no legal or other advice. The mediator's task is instead to pilot the parties to a consensus solution. This occurs at joint meetings, where both parties and mediator participate, and in individual meetings between the mediator and the respective party. None of what is said to the mediator in an individual meeting is passed on to the other party, unless the party and the mediator have agreed. The mediator decides what best favours the dialogue between the parties, with a view to finally reaching an agreement. The mediator sometimes acts as the “devil´s advocate" by testing in individual meetings the sustainability of the party´s arguments. This is a way for the mediator to get the parties closer to each other. It is effective for the solution of the matter that the parties can speak freely with the mediator, in a way that can be difficult for a party to do directly to the other party. The mediator has a duty of confidentiality by law. Through a confidentiality agreement, the parties also have confidentiality regarding all that has occurred and been said during the mediation.

Normally, mediation is carried out in one day. When the mediation is concluded by an agreement, there is the possibility of having this enforceable, if the parties so wish.

Through mediation, the parties can save a lot of time and money and, at best, maintain their creative business relationships, when compared to court or arbitration proceedings. The earlier in a conflict or dispute mediation is used, the greater is the ability to succeed. A suitable have not reached a solution, but before a party chooses to go to court or arbitration.

 

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