Mediation is a confidential conflict management process, whereby the parties themselves remain in charge. This is in contrast to, for example, arbitration or conventional legal proceedings were parties are forced to relinquish control. The parties are professionally guided by the mediator who is an independent and impartial third party. The role of mediator is to help the parties, with full knowledge of the facts, to reach a reasonable agreement that combines the needs of all parties. Mediation can be applied at the contracting stage or in an already existing conflict situation. It should be noted here that Mediation often brings about a faster and cheaper solution than those that are obtained by conducting more tradition legal proceedings. Certainly, with the recent Belgian, European and international developments related to Mediation, it is now more than ever a favourable process. The ensuing section is written mostly from a Belgian context but rest assured that Maverick Enterprise is more than comfortable conducting international mediations.
1. How to start a Mediation in Civil and Commercial matters?
The simplest and fastest method is that you download the form here and return it to us filled out.
Because we consider customer service to be of paramount importance, Maverick Enterprise will initially check whether there is enough service time available for the parties and then contact the parties for a first exploratory talk and logistic considerations.
As indicated on the form, filling out the form does not constitute an obligation on the part of the parties to make a mediator appointment upon submission of that form. This only happens when the parties themselves decide that they want to continue with the mediator.
2. Mediation protocol and first mediation session
Before the actual mediation starts, the Maverick Enterprise mediator will provide the parties with an explanation of the legally required topics that must be addressed in the mediation protocol, which has to be be signed between the parties themselves and the mediator.
The mediation protocol, which, apart from a brief description of the dispute, also contains the rules of the game, whereby the parties undertake to comply with it, also draws attention to the fundamental principles of the mediation process for everyone in the process and provides an initial timetable for the mediation. The latter can normally be freely determined by the parties, unless it concerns a judicial mediation in which case a court will have already determined the period.
With the protocol signed, the (first) mediation session can in principle start immediately.
3. Mediation outcome agreement and homologation
When the parties reach an agreement, this is written down and signed by all parties as well as by the mediator. Given the legal recognition of Maverick Enterprise’s mediators, this agreement can then also be submitted to the court for homologation, as a result of which the mediation agreement acquires enforceable power equal to a regular court judgment.
It is also worth mentioning that with the recent approval of the final drafts for a Convention in connection with the Enforceability of Mediation Agreements and accompanying Model Law at the 51st session of the United Nations Commission on International Trade Law (UNCITRAL) Mediation is only getting better and better compared to traditional legal actions or alternative dispute resolution options.
And with the mediators of Maverick Enterprise being recognized in several jurisdictions and having extensive international experience, they are of course extremely well placed to assist you in all of this. Maverick Enterprise can also provide you with model clauses suitable for international agreements, i.e. agreements between parties in different jurisdictions, whereby attention must be paid to the location / language of the mediation as well as the applicable law and the choice of forum that will be applicable according to the rules of this clause. So, feel free to contact us.
And, do not hesitate to download the mediation request form and contact us for an appointment. We are looking forward to hearing from you.