The Benefits of Mediation

Mediation is increasingly the first choice as a method for resolving disputes.  Giambrone’s lawyers in the litigation team have extensive experience of successfully obtaining satisfactory conclusions for our clients in a wide range of contentious matters both for our private clients as well as our commercial clients. The ability to get to the heart of a dispute and distil the core issues and the key questions to the fundamental basis of the dispute removes any misleading or distracting issues and focuses the parties on the crucial aspects of the problem.

Once our lawyers have identified the legal strengths and weaknesses of a case they can then develop a successful strategy and work towards achieving the best settlement for our clients.  Our lawyers look beyond the immediate dispute and consider the long-term consequences, identifying the benefits as well as the negatives when providing our clients with potential solutions that will appeal, not only to our clients but to their opponents as well. The complexities of some disputes may require a great deal of discussion and it is important not to lose the concentration regardless of the time required to achieve the clients’ objectives. We will negotiate for as long as it takes to bring the best result for our clients.

An essential part of the mediation process is to ensure that the best expertise is available. 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 litigation lawyers can create a team of lawyers with a wide breadth of expertise and capacity in a range of jurisdictions drawn from the firm’s offices across Europe. Giambrone’s lawyers’ knowledge of the expectations and the way of negotiating in other jurisdictions is invaluable and can considerably reduce the time taken to reach a successful conclusion.

The advantages of the negotiation skills and experience of a mediator must be combined with an in-depth knowledge of litigation, the ability to make an objective risk analysis and in the case of a commercial dispute, an astute commercial awareness and understanding of the client’s position and the impact of the dispute is crucial. This knowledge allows the mediator to structure arrangements that may not be possible to be obtained from a judge.  Frequently, it becomes apparent in commercial cases that there are distinct advantages to both parties to find a way of continuing to maintain a business relationship and they require a remedy that offers such a possibility.  A private client matter may involve members of the same family where the potential for an on-going relationship should be preserved if it is at all possible. 

Mediation can take place at any time before any formal legal process begins, even when a dispute comes close to trial, judges are often willing to grant time for a period of mediation. Giambrone’s mediators within the litigation team have a high level of success as they are able to bring focus to practical perceptive solutions once any issues that cloud and complicate the dispute have been put to one side.  Our clear-sighted mediation teams bring the same shrewd capacity to negotiate for our clients in England and Wales as well as in jurisdictions across Europe.

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