If you choose to start litigation amid a pandemic, expect longer timelines for preparing your case for a final hearing as court officials try to adjust to telecommuting. Сourts are working in a special regime due to the quarantine measures. This means an almost universal postponement of hearings by the courts.
The resolution of business disputes in courts is postponed, but the need for their timely settlement does not disappear. Also, the situation with the imposed restrictions makes many adjustments in relations with business partners and the need to resolve disputes regarding non-fulfillment of contracts is extremely high.
So, the parties are resorting to resolving business conflicts through mediation. One can also order the mediator services to resolve corporate disputes or property disputes. In civil cases, many courts now require parties to seek mediation in order to try to reduce the number of contentious issues before proceeding to a final hearing or proceeding.
How does mediation work?
Mediation is a process where a third party, appointed by both parties, works to reach an agreement. All decisions are made by the parties themselves with the assistance of a mediator, so control over what is agreed and not agreed is completely in your hands. Mediator services do not imply the provision of legal advice on the settlement of commercial conflicts. Also, the mediator does not make a final decision on the case.
During the trial, the final decision is made by the judge, and this is binding on the parties, even if one of them is not particularly happy with the result.
Start mediation during the Covid-19 pandemic (lockdown)
The way the mediation is done is well suited to lockdown conditions. Settlement of international disputes through mediation can be done via Skype or through telephone conferences. If an agreement is reached, the document can be sent by e-mail for signing and then to the court.
You can start the process at any time, picking up at a convenient time for the parties and the mediator. Also, unlike litigation where the consideration is usually calculated in years, the period for resolving a dispute in mediation is calculated in weeks in best case scenarios. All you need to do is contact an experienced mediator who will advise you on the next necessary steps.
Mediation professional helps the parties explore a mutually acceptable way out of their conflict trying to reach a win-win result. Also, having decided to settle the dispute through a mediator, please note that this is a more beneficial process in terms of costs.
Finally, mediation is used globally as a non-aggressive approach to resolving disputes, and the mediator in this process keeps the focus on mutual respect and interaction between the participants to solve the problem. The ability to build relationships and resolve conflicts in a civilized manner significantly optimizes the social assessment of business activities and feeds demand.
We do not know when the current restrictions will end, but we do know that a strong relationship with business partners and a reputation will always be valued and pave the way for success.
If you would like to learn more, please contact our experts. The IQ Decision UK qualified team of professionals has extensive experience in resolving commercial disputes through mediation. We provide assistance in the peaceful settlement of business conflicts around the world, as well as consult on alternative dispute resolution (ADR).
