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International commercial mediation is increasingly popular for many reasons: In almost every commercial dispute, it is the fastest, most comprehensive, effective, creative and cheapest way of resolving an existing conflict.
The Alternatives to mediation (you probably know this):
- Costly and protracted litigation in a foreign country (or multiple jurisdictions), where, even if you win, you may have a very hard time enforcing the judgement, if possible at all. Even if you manage to win and enforce your judgement you will be counting loses not profits and one of the loses will be your ability to make deals in that market.
- Arbitration, similar to litigation – costly, difficult to enforce, rigid and disruptive for your relationships, however faster than litigation. Still whatever resolution is there will be within the rigid framework of the law. Zero creativity or forward thinking.
- Doing nothing. Given the inefficiency and cost of litigation (and arbitration), doing nothing may look as not such a bad alternative. However, it is not a good idea, because there is an alternative, a better way: Mediation. You don’t have to accept the losses, you don’t have to accept the cost and limitations of litigation and arbitration. Why not try mediation? Give it a try, let’s contact the other party and see what they say. If the other party doesn’t agree to participate in mediation you don’t pay anything, if they agree, it is very likely (over 85% success rate) that you will end up resolving your problem and transforming a challenging situation into a profitable opportunity.
HOW THIS WORKS:
- Send us a request with your information. We will get in touch with you to gather the necessary information.
- We will send to the other party an invitation to mediate (unless, you have done that already, and they agreed).
- If they accept the invitation (mediation is voluntarily), we will send to both parties a contract specifying the agreement to mediate.
- Once the parties have signed the agreement to mediate, we will schedule a mediation session within two weeks. In the meantime, we will contact the parties separately to get a good understanding of the problems (if needed we will contact experts in the specific subject areas; however, we prefer using the parties’ expertise – no body knows your situation better). We need to have a good picture of the parties’ perspectives and hopes. By the way, in whatever language we use, we speak Incoterms.
- The first join session (via Zoom) will take place within two weeks of the signing of the agreement to mediate. Be ready to schedule the mediation session any day of the week, including weekends. We will make every possible effort to schedule your mediation at times that are reasonable for the parties given their time zones (even if it is midnight for us). The first mediation session will be scheduled for 4 hours. It is imperative that individuals with decision making authority are present on both sides. The mediator may have separate private sessions with each party. Each private session (so called caucus) is confidential and private: nothing of what is said in caucus will be revealed by the mediator to the other party without prior consent from the party sharing the information. If the parties reach an agreement, we will provide a written memorandum of understanding, enumerating the basic terms of the agreement. It is up to the parties’ attorneys to draft a new detailed contract to incorporate the mediated agreement.
- If there is no agreement during the first meeting, we will continue to have exploratory talks with both parties and, with the parties consent, we will schedule a second meeting within the next two weeks, for an additional 4 hours. During the second meeting the parties will present their new ideas of how to close any gaps that may exists (new proposals). The second meeting will involved a more in deep evaluation of viability of the parties positions. This may involve the viability of alternatives (for instance, litigation) and a broader SWOT analysis of the parties’ options. Like during the first session, the mediator may have separate confidential and private sessions with each party.
- If the Parties reach an agreement, we (the mediators) will provide a written memorandum of understanding, enumerating the basic terms of the agreement. It is up to the parties attorneys to draft a complete new contract. If the Parties do not reach an agreement the mediation is ended in impasse. The parties may decide to keep the communication open and even may request to reconvene the mediation, with a new offer, if they mutually agree.
- The whole process should take no longer than one month from the signing of the agreement to mediate.
We are certified professional mediators, committed to helping you resolve your problems efficiently and effectively. We are peacemakers; we help parties in distress, due to conflict and uncertainty, reach agreements and resolve their problems. As a result, the parties can move on with business and continue to profit in the global market place. With us you will save thousands of dollars that otherwise you would spend in legal and court fees. You will avoid the pain and uncertainty of litigation, and will have a resolution, or at least a clear understanding of the parties positions in a matter of hours. Litigation, even of minor issues, may take many months or years. All that time you will be suspended, waiting without knowing what the final determination by the judge will be. In mediation, you may resolve your problems in hours, and it will be your decision – your agreement, not a decision made by a person that knows nothing about you, about the other party and your circumstances. We will schedule the mediation at a time that works for you. The cost of mediation is a fraction of what you would have to pay if you would decide to fight the other party in Court. In addition, because a mediated agreement is the result of the parties saying YES, they are much more likely to implement it, compared to actually surrendering to enforcement of a judgement. (Nobody likes that).
We provide multilingual mediation services in Spanish, English and Polish.
Each mediator working with mymediation.org has mediated hundreds and some thousands of cases. We will put all this expertise at your service to end the dispute, the stress and costs (material, emotional and social) associated with family conflict.
Mymediation.org is based in the State of Florida and operates globally. All mediators that work with us are Certified Mediators in their respective fields (family, circuit civil, county/small claims, dependency, appellate), they are neutral an impartial third parties that have the legal obligation to protect the confidentiality of the information that you share with them.