Pandemic Civil & Commercial Dispute Resolution (PC2DR) Service
How are we all going to deal with the Covid-19 Pandemic related problems, disagreements and disputes?
The Covid-19 pandemic has led to major economic disruption worldwide. The crisis and the associated lockdowns have created a biotope that creates, enlarges and accelerates contractual disputes. Disputes can range from a minor inconvenience to a totally unaffordable disaster for many businesses. Regardless, the priority for any company remains to maintain its commercial relationships. It is therefore essential that companies have access to a mechanism to avoid or resolve their disputes efficiently, effectively and affordably.
The Pandemic Civil and Commercial Dispute Resolution (PC2DR) service of Maverick Enterprise with its deep knowledge and experience in commercial contracts will meet this goal perfectly.
The service is designed to support individuals and businesses facing litigation (or potential litigation) arising from or linked to the Covid-19 pandemic. It offers a cost-efficient, constructive route to a solution that gives priority to speed, affordability and effectiveness. The process can address a range of different business and contractual issues regardless of the stage of the dispute and applies to supply chains, unique contracts, construction-related contracts as well as general business contracts or agreements.
How do we tackle this with you in practice?
From your side, there are 3 options that, depending on your needs and wishes, can be entered into independently or as a step-by-step plan.
1a. (Contract/) Deal Mediation (CDM). Hereby our neutral person as a Mediator brings about a change between the parties and their relationship between them. This option is intended for individuals or companies who primarily want to be cautious about a dispute or problem developing by crafting or adjusting their partnership / relationship or deal in a timely proactive manner.
1b. Mediation (MED). In doing so, our neutral person as a Mediator establishes cooperation with and between the parties to enable them to find a solution for a disagreement or dispute that has already arisen.
2. Early Neutral Evaluation (ENE). In doing so, our neutral person provides the parties with a picture of the merits of their respective cases, to help them assess strengths and weaknesses and better assess and prepare negotiations or any subsequent binding dispute resolution procedures.
3. Expert Determination (EDE). In this process also, speed of implementation is one of the main characteristics and is therefore also very suitable for when parties need a quick decision to continue their business. One of our professional neutral persons will then no longer act as a neutral Mediator but as a neutral Expert and then deliver a final and binding decision on the dispute between the parties as a single Expert.
How much does it cost?
To begin with, let us underline that this service was initially established for disputes arising when business was interrupted by difficult business and trading conditions resulting from or linked to the Covid-19 Pandemic; but that of course anyone can apply when he or she finds themselves in similar circumstances.
Since this is not primarily a full arbitration or court proceeding but rather a quick resolution, the typical dispute is something that:
– Arises or is linked to the Covid-19 Pandemic
– Has a value from 5,000 EUR to 250,000 EUR
– Is found between two main parties
At Maverick Enterprise, we do not charge for reviewing the first information provided.
The prices for a Deal Mediation, a Regular Mediation or Early Neutral Evaluation under the current service are as follows:
For a mediation block of up to 10 hours you pay 500EUR + VAT per party. As a guideline, these are divided over 7 hours for document review and 3 hours of contact with the parties, including initial preparation meetings and the online mediation session.
For a subsequent mediation block of a maximum of 5 hours you pay 300EUR + VAT per party
For mediation that falls outside this, extra costs will be charged, and this can already be discussed when the first information is being studied.
The prices for an Expert determination (EDE), under the current service are as follows:
If the Parties have already completed the above step-by-step plan, the Expert determination service can be offered at a fixed rate, whereby each party owes a fixed amount of 750 + VAT at the start to cover the administrative and operational costs.
If the above step-by-step plan is not followed, an estimate will be made together with the parties of the additional operating costs for hourly wages
How do you get more information about this service and get the ball rolling?
If you want to know if your case is suitable for one of the mechanisms mentioned within this service, please complete the application form and submit it back to us. In the form, you briefly tell us how the dispute arose, the amount of the claim (and any counterclaim) and the option you initially select for a resolution mechanism. We will then quickly contact you all and get to work with you.
Finally, we would like to inform you that under the rules of the Federal Mediation Commission, our accredited Mediators can now again organize a face-to-face mediation as long as the precautions in the field of health and social distancing are observed. However, the current service is designed to be fully operational online. This is to make the process as smooth as possible and to minimize disruption with your daily activities. Do you have any questions about the latter or is it all a bit new still, do not hesitate to contact us. We are happy to assist you with advice and the appropriate assistance.