An increasingly smaller number of clients consider litigation or arbitration to be the only routes available to seek justice to protect or defend their commercial position. Stibbe has the necessary expertise to defend its clients in situations where alternative dispute resolution, such as mediaton, has been opted for.

 

Mediation has the great advantage that the parties retain control over the process that is intended to lead to resolution of the case. The parties do not hand the case over to a judge or arbitrator. They themselves decide at each stage what concessions they are prepared to accept to achieve settlement of the matter and what specific interests they take account of in so doing. Factors not initially included in the case can be introduced into the negotiations. Whereas a judge or an arbitrator can only rule on the claim as formulated by the plaintiff, in mediation the parties are free to opt for a more practical solution where it occurs to them that it better serves their needs. Mediation is suitable for situations where the parties have to or want to continue working together in the future.

 

A number of partners and associates in our firm have followed special training to act as mediators or assist clients in mediation proceedings.