Business mediation
Mediation is an amicable dispute resolution method: with the help of a third party, the parties look for a negotiated solution instead of a decision imposed on them. The firm may act in two distinct roles: advising and supporting one party throughout a mediation, or conducting a mediation where this may be carried out in accordance with the applicable legal framework and professional rules. The role is agreed beforehand, in compliance with conflict-of-interest rules.
How the firm assists
- Confidentiality: mediation exchanges remain in principle confidential, within the limits set by the applicable framework
- Party control: no solution is imposed, each party remains the decision-maker
- Preservation of business, professional and family relationships
- Flexibility of the schedule, format and conduct of the sessions
- Tailor-made solutions reflecting the parties' actual economic interests
- Protection of image and reputation, away from public court debate
- Shareholder disputes, commercial disputes, contract performance, leases, supplier-customer relations, employer-employee relations
Approach
Where an agreement is reached, it is set out precisely in writing. Depending on the applicable legal framework and the circumstances, judicial approval may be considered: it may, where applicable, strengthen the enforceability of the agreement. No automatic enforcement and no outcome can be guaranteed in advance; the merits and effects of each option are examined case by case.
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