Mediation, an Altenative to Litigation

In the current economic climate, businesses are battered by the effects of Brexit and the coronavirus pandemic. All businesses have to keep strict control of all aspects of their finances, especially during difficult times. A business faced with a legal dispute can find itself in a tough position, on the one hand, they have an outstanding debt, a breach of contract or some other situation that will have a financial consequence to the business. On the other hand, if they choose the legal route, they do not always know how much the eventual legal bill will be to fight their case. Where the matter has a cross-border element, another factor comes into play, if they win will they be able to easily enforce a court order?

In such circumstances, alternative means of resolving the position may be the best option. Mediation is becoming the first choice for settling a potential legal dispute. Giambrone’s lawyers in the litigation team have extensive experience bringing a wide range of contentious disputes to a successful conclusion by means of mediation. It is not enough just to consider the pros and cons of the dispute but it is essential to have sufficient vision to look beyond the dispute and consider the long-term consequences. Few disputes are completely black and white there will be benefits and negatives on both sides. Proposed solutions must not just focus on the rights and wrongs of the issue but should appeal to both parties or a resolution will be hard to find.

Mediation provides an opportunity for all parties to set out their point of view in a structured manner with an impartial mediator overseeing the process. The mediator’s role is to open the debate and provide guidance as to how the dispute can be resolved through negotiation. The mediator will be a trained negotiator and also have legal knowledge and commercial awareness.

Cross-border mediation, in particular, requires expertise in a range of jurisdictions and an intimate knowledge of the culture and attitudes relevant to the other country or countries involved. Giambrone’s multi-lingual multi-jurisdictional litigation lawyers have the advantage of a thorough knowledge a wide range of jurisdictions and cultures which brings an understanding that can considerably reduce the time taken in the negotiations.

Mediation can take place at any time before any formal legal process begins, even when a dispute comes close to trial. The courts are often willing to grant time for a period of mediation. There are several benefits that mediation brings: 

• Cost features high on the list as it is generally a shorter process;
• Confidentiality is assured in a mediation, unlike a court which is a public place where anyone may enter, including the press;
• Each party has more control during the course of a mediation;
• Once a mutually decision has been agreed to there is a far higher likelihood of compliance as both parties have worked together to find a solution.

Mediation can be a very successful way of satisfactorily resolving a dispute. Giambrone’s litigation team has a high record of success as they bring focus to practical perceptive solutions as well as a shrewd capacity to negotiate for our clients in England and Wales as well as across Europe in a wide range of jurisdictions

For more information about how Giambrone’s team can assist in resolving a dispute please click here.