Mediation is widely recognized as an effective means by which to settle commercial disputes without proceeding to an arbitral or court adjudication. It is, in essence, settlement negotiations that take place with a neutral facilitator, the mediator. The most important decisions that counsel and their clients in proceeding to mediation are: (i) when the mediation will take place; and (ii) who the mediator will be.
Mediations take many forms. There are no fixed rules. And it is only the rare case that truly cannot be settled, provided the parties are willing to negotiate with a view to coming to terms on their respective interests. As experienced mediators, we will, before proceeding with any mediation, review the case, make ourselves familiar with the parties and their interests, and then work with counsel to design a process that suits the dispute at hand. Our objective is to create environments of trust through which discussions and negotiations can generate problem-solving options to fully or partially resolve any commercial dispute.