A traditional judicial resolution of disputes has become an expensive and complicated procedure that requires participation of attorneys. Long waiting of the terms to appoint the hearing, the inevitable judicial requests to the foreign courts in case if the defendant is located abroad reduce the attractiveness of judicial protection for the resolution of minor and typical disputes. An alternative dispute resolution is focused on the individuals and is based on the desire of conflict parties even located in different countries, to overcome it. The parties' consent to the arbitration resolution is a starting point to commence the mediation procedure.
There are several types of the alternative resolution of disputes:
1. Negotiations.
2. Mediation which is characterized by elements of the "shuttle diplomacy" when a mediator, taking into account the mutual claims of the parties and relying on his/her knowledge and experience, offers the parties various ways out of the situation.
3. Involvement of an authorized expert possessing special knowledge and skills selected by the parties to resolve the conflict. The parties may authorize the expert to take a decision which is to be binding for the parties or based on his/her expertise prepare a non-binding recommendation.
4. The controlled infrastructure (involving a third-party, independent and unconcerned organization engaged in monitoring the parties' compliance with their obligations)
5. The arbitration (a procedure where a dispute pursuant to the voluntary agreement of the parties is referred to the neutral arbitrator or a panel of judges, which decide on the dispute binding on the parties).
The benefits of mediation.
Mediation is a voluntary, optional and confidential procedure. It finds its application in case of any collision of jurisdictions of various judicial and administrative authorities and can satisfy the claims of the parties in terms of quickness, efficiency and confidentiality of the dispute consideration. The mediation procedure enables the parties to the conflict to choose neutral technical and legal experts with special knowledge on the subject of the dispute. The mediator does not have a mechanism for forcing of the parties; however, any consensus itself already serves as a guarantee of performance of any agreement reached by the parties. The flexibility of the mediation, selection of the ways and means of settling disputes all this makes it an invaluable companion of businessmen and intellectuals.
The mediation procedure comprises the following stages:
1. Analysis of the documents.
2. Drafting the memorandum with the situation and possible ways to resolve the dispute, specified.
3. Providing and explaining the rules of procedure of mediation to the customer.
4. Clarifying the parties' positions from legal and/or commercial points of view in the course of personal meetings, telephone conversations, or (optional) e-mail correspondence.
5. Discussing opportunities to reach consensusr;
6. Signing the settlement agreement.
Our Center is attentive to all customers and is developing an individual decision in each specific case. We are ready to join at any stage of the conflict, even if the case is considered in court, and advise the applicant on a business strategy and methods of conflict resolution. We consider all options for debt collection, discuss business conditions and draw up a scheme of debt restructuring.
Alternative dispute resolution for intellectual property rights (Rights to intellectual activity assets)
The experience of the center is confirmed by the efficiency of mediation used in the disputes related to the intellectual property rights which are increasingly becoming the targets of market transactions on an international scale. Unfortunately, the means of defense and protection of such rights are often linked to territorial jurisdiction. For this reason, the court proceedings in the same disputes are triggered by the conflict parties in various countries. In these circumstances there is a risk of the opposite judgments that are not recognized outside the state in which territory the decision has been rendered. Our center is specialized in resolving disputes on intellectual property rights and it has developed its own methodology to overcome the conflicts in the area of copyright and related rights.
In addition, the Center provides assistance in selection of qualified neutral experts, arbitrators and mediators, determining reasonable limits for their fees, taking into account financial position of the parties; coordinates the entire process of the conflict settlement, guarantees a complete neutrality and efficiency of the entire procedure.