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Executive Mediator Services provides formally-trained mediators, experienced in business and commerce and in the professions, utilizing its unique TEAMediation(sm) concept, to work constructively with parties to develop fair and creative solutions to resolve business disputes and to facilitate business deal negotiations, worldwide.
Alternative Dispute Resolution
To avoid the costs and delay attendant to civil litigation, businesses have turned to types of Alternative Dispute Resolution. The most common types are arbitration and mediation.
Arbitration is intended to be a streamlined form of litigation. The parties agree to present their factual and legal positions regarding a dispute to a neutral tribunal, and to be bound by its decision, which is final and enforceable in court. In recent years, the arbitration process has come more and more to resemble litigation, and businesses have sought other more effective and efficient and flexible alternatives.
Mediation is now widely recognized as the preferred mode of dispute resolution. It is quicker, less costly, less adversarial, and more flexible. Its mantra is self-determination. A mediator is a neutral third-party who facilitates negotiations among the parties to help them reach a mutually acceptable settlement. A mediator does not make a decision about the outcome of the case. The parties work toward a solution that meets their needs.
Key to the success of the mediation process is the mediator’s knowledge and expertise, as well as understanding and respect for differing cultures and value systems.
Deal mediation is a new development, where Executive Mediators are uniquely qualified and skilled and experienced to serve as neutrals to help parties reach an agreement. Deal mediators employ techniques such as identifying interests, managing dynamics, and engaging in option generating to overcome obstacles when closing a deal. In this context, using a neutral can save the parties time and money, and increase the likelihood of successfully closing the deal. Executive Mediators navigate among conflicting negotiation styles. They separate legitimate interests from negotiating positions. They maintain the momentum and prevent the deal from stalling. In multinational deals, where language and culture complicate the dynamic, Executive Mediators’ language capabilities and understanding and respect for different cultures and value systems are invaluable assets in helping the parties to close the deal.
Advantages of Mediation
- Is faster and less costly
- Is voluntary, private and confidential
- Facilitates creative and realistic solutions
- Allows parties to control their agreements
- Eliminates a win-lose atmosphere and result
- Provides a forum for addressing future disputes
- Fosters communication and helps mend relationships
Matters Suitable for Mediation
Mediation has been used successfully in a broad range of cases. One reason is that mediation is flexible. At the end of litigation, a judgment is rendered in favor of one party and against the other. In mediation, the parties, with the assistance of a skillful mediator, may be able to fashion an arrangement where all parties’ needs are met.
Any dispute can benefit from mediation. It is particularly suited to disputes that have any of the following characteristics:
- parties have an ongoing relationship or have a significant past relationship.
- communication problems exist between the parties.
- principal barriers to settlement are personal or emotional.
- parties want to tailor a solution to meet specific needs or interests.
- case involves complex technical or scientific data requiring particular expertise.
- parties have an incentive to settle because of time, cost of litigation, drain on productivity.
- parties wish to retain control over the outcome of the dispute.
- parties prefer a more private forum for the resolution of their dispute.
Mediation may be unsuitable for matters where a party seeks to establish a precedent applicable to other parties or other disputes in the future, or where the matter implicates or is impacted by a public policy within the purview of some government authority.