Resolving your Marine Industry / Boating Dispute by Mediation
A Simple, Efficient and Cost Effective Way of Resolving Disputes
Marine Mediation & Alternative Dispute Resolution (ADR)
Marine mediation is a process in which two or more people or companies unable to resolve a problem or dispute invite a neutral person to help them arrive at a solution.
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.
Marine 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.
When should I use a mediator
When it appears that there is little chance of an agreed resolution and a risk that the problem may get out of hand and involve everybody concerned in a lot of time and expense. Most mediations do not last longer than a few hours.
Will vary depending on how complicated the problem is. However, the parties will share the cost of the Mediator whose basis of charge will be known and agreed before the Mediation commences.
Apart from the Mediator’s charges and the parties giving up their own time there should be little additional costs, unless the parties want to bring their own specialist advisors. Typical costs range between £ 200 – £400 per party
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 trained, 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.
Call us to discuss in more detail – All discussions are in the Strictest Confidence
Faculty of Mediation & ADR
Registration: John Clabburn QDR No. 320
We have undertaken instructions from both individuals & legal practitioners to act in both the UK & Europe
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