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  • Mckenzie Stephens posted an update 5 months, 4 weeks ago

    I also refer to a further relevant Arabic phrase of ‘لا تؤجل عمل اليوم الى الغد’ which translates into English as ‘don’t postpone today’s work until tomorrow’. Furthermore, we will continue to actively provide both parties with mediation and guidance throughout the entire trading process. Integrity towards both parties is a very important key to mutual success and satisfaction.

    Over the years, we have built sustainable and long-term trading relationships, resulting in fixed sales channels and partners around the world. These concern, among others, relationships in which Von Harras AGF has acted as a commercial agent and trading mediator for a long time. In this way we can also guarantee a correct (financial) settlement of every trading transaction which involved mediation by Von Harras Agency. For instance, Delaware, a corporate hot spot, requires mandatory ADR (including mediation) for business disputes where the amount in dispute is below USD 100,000.

    To resolve their commercial disputes with their business partners, companies increasingly prefer alternative dispute resolution (ADR) mechanisms, e.g. arbitration or mediation, over litigation. Through ADR mechanisms, a result can often be reached within months or sometimes even weeks. Mediation is used very frequently across many jurisdictions, due to its impressive settlement rates, e.g. reported as 89% in the U.K.

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    Striking the right chord in optimally serving two parties within one and the same business deal or transaction requires extreme precision and skill. If this occurs, then it seems to me that the missed opportunity of addressing and resolving the issue or issues at the time they arose directly results in the parties incurring significant additional costs to now resolve those issues which have usually become more complex to deal with. The other common issue is that by now with  the dispute being more complicated and involving larger sums of money it probably requires higher levels of decision makers to deal with it than otherwise would have been needed had it been addressed at the time. In Case C-75/16, the European Court of Justice found that mediation “may be […] suggested or ordered by a court, but also prescribed by the law of a Member State”.

    UNCITRAL’s efforts in transforming settlements resulting from mediations, from gentlemen’s agreements to legal instruments that are actually enforceable in different parts of the world, encourages states to embrace mediation of cross-border disputes. One can only hope that these transformations will not have an impact on the flexible and open-minded way mediations are conducted. Building on two years of experience with the compulsory, out-of-court mediation of certain labour disputes, disputes concerning commercial monetary claims to receivables or compensation have now also become, as of 1 January 2019, subject to compulsory mediation in Turkey.