Commercial mediation

Mediation, as used in law, is a form of alternative dispute resolution (ADR).

As the legal meaning and the legal protection (confidentiality, enforceability, prescription and so on) of agreements reached through Mediation may differ from jurisdiction to jurisdiction, its distinctive characteristics need to be assessed at moment of insertion of a mediation clause in a commercial agreement or initiation of the mediation.

Mediation aims to resolve disputes between two or more parties with the perspective that the commercial relationship will continue after the mediation between the conflicting parties.  This is for example the case in mediation during the execution of constructive works or infrastructural works. More specifically, mediation has a structure, timetable and dynamics that "ordinary" negotiation lacks.

The process of mediation is private and confidential, possibly enforced by law.  Confidentiality might be another reason to select mediation to resolve a dispute.   However the confidentiality rules under the applied Mediation Act may need specific approach in order to avoid abuse of the system.  

Participation is typically voluntary.  Under European regulations the role of the mediator is to facilitate rather than to direct the process.  In other countries as in Asia, America and Africa mediation is embedded in the system, while the mediator is given a more active role in assistance and guidance of the conflicting parties.(see for example region of support China)

Mediation can be used to resolve disputes of any magnitude and in a variety of domains, such as trade and commercial, investment, construction, compensation, labor, private and family matters and so on.

The A-Law team has certified mediators in commercial and civil matters as well as in family matters at your disposal.   The A-LAW international team allows mediation in multiple languages and areas of support.

More specifically on commercial mediation, A-LAW has experience in Belgium, Europe and internationalmarkets with:

• Advice and draft of the mediation clause under the legislation applicable to the agreement
• Voluntary and court-ordered mediation under the relevant Mediation Act, both national and cross-border;
• Intuition of Ad hoc mediation during execution of agreements for example construction and infrastructure works
• Advice and draft of the settlement agreement also called mediation agreement
• Legal proceedings for the homologation of a mediated agreement to obtain the enforceability of the mediated (settlement) agreement;
• Comparative research of the legislation on mediation in different jurisdictions and the legal guarantees provided within the legal framework;
• Commercial mediation in commercial disputes such as distribution, franchise, construction, liability claims and compensation and so on;.

In case of unsuccessful Mediation, Arbitration and /or proceedings before the competent court remain open.