Marine Dispute Mediation & Resolution

Resolving your Marine Industry / Boating Dispute by Mediation

A Simple, Efficient and Cost Effective Way of Resolving Disputes

Mediation - Alternative Dispute Resolution ADR

Mediation is an unbiased, voluntary and confidential process for the resolving of disputes. The parties to the dispute select an independent third party or neutral - the mediator - who will work hard with each side and help them to understand better their own and the other parties position, and explore alternative solutions. By doing so the parties improve their chances of working out a solution (resolving their dispute) to their mutual satisfaction.

Mediation is a non-adversarial method of resolving disputes. It is appropriate in almost all commercial and marine / boating matters which are capable of settlement out of court. Mediation enables the parties to reach a 'creative settlement' which will not be available from the courts.

The Mediator

Is a qualified, skilled and experienced problem solver who will be very much involved in the process of reaching a solution. In our John Clabburn you have a marine industry qualified and experienced practitioner.

Good Reasons To Mediate

The parties wish to resolve their dispute so as to retain a positive personal or commercial relationship.
Lawyers advise that the balance of responsibilities in the dispute is unclear, and therefore that a legalistic judgement may not be appropriate.
The cash values do not justify substantial legal costs, some of which will have to be met even by the winner.
The Court may impose cost penalties if the parties can not show that they have considered mediation.
The parties wish to settle the dispute as quickly as possible.
The parties wish to resolve the dispute without loss of face, without publicity and in private.
The parties are directly involved in negotiating their own agreement.
Generally the cost is greatly reduced in comparison to pursuing the matter through the courts.
The mediation process is conducted 'without prejudice' so you do not sacrifice any legal rights.
If agreement reached, the agreement becomes binding on all parties and is enforceable in law.

Mediation Process

The Mediator will arrange a meeting / date at a convenient mutually agreed neutral venue.
The Mediator will explain in detail to all parties present how the mediation will proceed.
The Mediator will ask each party to describe (briefly) the dispute as they see it.
After this initial short meeting the Mediator will request a series of private sessions with each of the parties, moving back and forth between the parties and bringing them together at an appropriate time.
Mediation is STRICTLY CONFIDENTIAL. Anything that the parties say to the mediator during mediation remains strictly confidential unless they expressly wish something to be disclosed to the other party.
During the final private and joint sessions the Mediator will try to reduce the differences between the parties, and seek to obtain agreement by all parties on major and minor issues.
Once a solution has been reached the Mediator will request that the terms of the agreement are put in writing and signed at the meeting.

Time / Cost / Success

Most mediations do not last longer than a few hours. Generally a period of 3 hours is agreed.
The costs are normally shared equally between the parties.
The success rate is in excess of 90%

John Clabburn is an accredited and experienced mediator and is a member of The Academy of Experts (Marine Surveying / Consultancy) and on the ADR / Register of Qualified Mediators QDR.

For information the BMF Dispute Resolution Scheme uses the Academy of Experts / ADR Centre as the Appointing Body for Mediators.

Acknowledgement: The Academy of Experts & ADR Centre. 3 Gray’s Inn Square, London WC1R 5AH