Conflict is an undesirable and tiresome distraction and may even be a threat to the continuity of an enterprise.
What is commercial mediation?
Commercial mediation addresses disputes between companies, with or among shareholders or other professional parties like suppliers, clients or business partners. Contractual disputes may also fall under commercial mediation.
You are an entrepreneur or represent a commercial interest. Conflict is an undesirable and tiresome distraction and may even be a threat to the continuity of the enterprise. In commercial mediation swiftness and efficiency are put first.
Mediation is no arbitrage and certainly is not therapy. Our commercial mediators do search for underlying convictions that might block a direct solution of the conflict. Strong emotions may be involved. These blocking issues are identified and addressed, insofar necessary and helpful toward a good result.
Our mediators are veterans of corporate and banking life, with much experience in entrepreneurship on the (national and international) legal plane, in general credit-provision and in structured finance.
In a first intake, we make each other’s acquaintance and hear from each respective party what the present commercial disputes are. Together with you, we determine who should be at the table to resolve these disputes. Sometimes advisors such as the accountant, lawyer or corporate lawyer may also participate in the group sessions. After the table-setting and agenda have been made clear, we start with group conversations, in which you may expect from us as neutral and impartial mediator(s) to give direction unto a well-balanced and effective mediation process. Generally, three or four joint sessions of two hours are needed to come to an enduring solution. The result is normally set down in print in a settlement agreement.
That process takes two to six weeks, depending on the complexity of the case and the availability of clients and their advisors.
Mediation in one day
If desired, we also offer mediation in one day. Herein all parties and their advisors make themselves available the whole day at a neutral meeting location. There, group and individual conversations are held with the mediator. It is important that such a mediation is entered into with the mandate to make binding agreements.