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2005 GlobalMedArb, LLC |
Mediation
Mediation is considered the preferred means of dispute resolution. It
constitutes a long standing form of negotiation in the presence of a neutral
third party who assists in resolving the matter. Mediation is also relatively
inexpensive and non-binding until the parties reach agreement. The appointed
third party Mediator with expertise in the area of the dispute, attempts
to resolve the matter through time honored methods such as proposed alternatives.
The success of Mediation depends to a large degree upon the trust that the parties may in confidence impart to the Mediator in divulging the extent to which they are willing to concede on any position. As a result, whenever the parties lose confidence in the Mediator, he or she may be replaced without stated reason upon request.
By providing distance between the parties as in ENE, there is a better possibility of maintaining an on-going business relationship while attempting to resolve the dispute. In addition, scheduling difficulties are alleviated and costs of travel, food, and lodging eliminated. Because it is non-binding and conducted from the domestic venues of each of the participants, Mediation may be engaged in with or without the assistance of local counsel.
Finally, a time limit of not more than thirty days (from the time the parties are initialy contacted by the mediator) is applicable to the process to preclude purposeful delays. The cost of a normal two party Mediation should not exceed USD 10,000. Through its list of suggested agreement clauses, GlobalMedArb provides wording for linking Mediation to Arbitration, in the event that the resolution of the dispute is unsuccessful.
All in all, Mediation/ODR utilizes the latest and most user-friendly technology in order to resolve the conflict as quickly and conveniently as possible with the least possible interference into the operative business.
The success of Mediation depends to a large degree upon the trust that the parties may in confidence impart to the Mediator in divulging the extent to which they are willing to concede on any position. As a result, whenever the parties lose confidence in the Mediator, he or she may be replaced without stated reason upon request.
By providing distance between the parties as in ENE, there is a better possibility of maintaining an on-going business relationship while attempting to resolve the dispute. In addition, scheduling difficulties are alleviated and costs of travel, food, and lodging eliminated. Because it is non-binding and conducted from the domestic venues of each of the participants, Mediation may be engaged in with or without the assistance of local counsel.
Finally, a time limit of not more than thirty days (from the time the parties are initialy contacted by the mediator) is applicable to the process to preclude purposeful delays. The cost of a normal two party Mediation should not exceed USD 10,000. Through its list of suggested agreement clauses, GlobalMedArb provides wording for linking Mediation to Arbitration, in the event that the resolution of the dispute is unsuccessful.
All in all, Mediation/ODR utilizes the latest and most user-friendly technology in order to resolve the conflict as quickly and conveniently as possible with the least possible interference into the operative business.
The Mediation Process 
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