Business Mediation Background
Short explanation on Business Mediation
Business mediation is a process aimed at conflict resolution.
One objective is to reach a mutual understanding and, therefore, the ability to resolve the conflict through constructive solutions and agreements. Once the mediation process has been successfully concluded, the conflicting parties have the chance to resume a good business relationship.
The mediator has no decision-making powers, which is one of the main differences between mediation and arbitration. He or she acts as a moderator in the discussions between the parties, guides the process of conflict resolution, supports the reconciliation of interests and is committed to neutrality and confidentiality.
Mediation is an extra-judicial process that relies on voluntary participation and can be terminated by either party at any time. It does not preclude the option of further legal proceedings.
The mediation process offers the best chance for the fundamental settlement of a dispute. To that end, it works towards maintaining the business relationship and often leads to improved or increased cooperation in the long term.
Unlike the legal and arbitration processes, mediation takes place in a confidential setting. It reaches a conclusion sooner and with fewer costs, and in the best cases results in a win-win situation for both parties.
Following preliminary talks, I offer a specially tailored conflict resolution process. Depending on the nature of the conflict, one possible method uses individual telephone conversations followed by telephone or video conferencing.
In the case of trade disputes that can only be settled through the presence in person of the conflicting parties, I suggest a mediation process. The legal representatives of the conflicting parties can be invited to attend, if desired.
Naturally, cross-border mediations are also possible. I have been communicating for many years with our business partners in English, French and Spanish. The language to be used in the local negotiations is agreed in each individual case. Sometimes translators will be useful to include.
If you are interested in my service of conflict-mediation, I can give you closer information or we can right away arrange a first mediation appointment!