Why choose amicable rather than judicial settlement?FIND OUT MORE
Better time management
Delays resulting from a backlogged justice system
or the complexity of settling international
disputes can fragilize a company.
The intervention of a highly specialized expert favors the conclusion of a win-win deal.
A well-structured dialogue helps preserve a relationship that might be source of future opportunities.
Arbitration or Mediation ?
The main difference between arbitration and mediation lies in the fact that in the first case, the parties transfer the power to rule to a private judge; in the second case, the mediator frees the parties’ speech in order for them to reach a deal.
Two major consequences result from this
In arbitration, the solution depends on the applicable law. In mediation, it is determined by the will of the parties which might take into consideration many other factors, including their own commercial interests.
In arbitration, the parties have to convince the arbitral tribunal of their case’s merits. In mediation, each party voluntarily take part in finding an acceptable solution, aiming at forming a consensus.
Arbitration is a contractual procedure which consists in submitting a conflict to one or three arbitrators who rule on the conflict in the same manner a judge would. The arbitral tribunal is only formed if needed. It rules, in a neutral and impartial way, applying the rules of law and trading customs. The “arbitral award” is a definitive decision.
Mediation is a confidential and amicable dispute resolution process which aims at helping the parties to reach a negotiated solution. The mediator, a neutral and impartial body, acts as a facilitator who invites the parties to consider their respective interests in order to establish an agreement that puts an end to the dispute.