Mediation | Dispute Resolution

MEDIATION IS ONE OF THE MAIN ALTERNATIVE METHODS OF DISPUTE RESOLUTION, CALLED AS SUCH BECAUSE THEY OFFER ALTERNATIVES TO THE COURT SYSTEM.

Except for arbitration, in the other methods the solution is reached by mutual consent, avoiding the commencement or continuance of the lawsuit. These methods apply to a variety of continuing relationships, in which the parties have prior relations and intend to maintain them, or at least end them the least damaging way for their businesses or their personal relations.
In the mediation, the parties resort to an impartial third party who, by using specific techniques, facilitates the understanding and helps them resume the dialogue and look for solutions for the conflict.

The mediation usually achieves high rates of success and parties’ satisfaction. Experience shows that, once engaged, the likelihood of the parties reaching an agreement is high and their satisfaction and actual compliance with the terms of the agreement is significantly more frequent than in the adversarial methods.

Field of application

We act in prevention and resolution of business conflicts, which comprises, in addition to mediation, conciliation, negotiation, and other solutions that may be devised with the parties and their lawyers in each specific case. Some examples of the scope of our work:

Inter and intracompany conflicts

  • Between shareholders
  • Between the company and collaborators
  • Between the company and partners in joint ventures, consortia, and projects
  • Between the company and suppliers or clients

Family-owned businesses and family governance

  • Conflicts between the family members within the scope of the company

Complex transactions of different natures

  • Conflicts related to mergers and acquisitions, joint ventures, projects, highly complex contracts

Advantages of the non-adversarial methods of dispute resolution

  • Celerity
  • Confidentiality
  • Lower costs
  • Maintenance of the relationships
  • Prevention of future conflicts
  • Simplicity and flexibility of the proceeding
  • Control of the outcome, more satisfaction with the result, and enforceability