August EWJ 24 - Flipbook - Page 4
Give Peace a Chance
Mediation is Litigation’s Heineken. It reaches the Parties other ADR processes cannot reach. Like
when risks are involved, such as unwelcome reputational issues, third party satellite issues, or
wrecked business relationships. Or when available legal remedies are unlikely to get you the
result you want, where and when you want it, net of costs.
For international business disputes, mediation also
offers litigators, dealmakers, GC’s and transactional
lawyers the ability to act BEFORE issues escalate or
relationships deteriorate, and
• create tailormade solutions that no judge or
arbitrator would even be able to award, and
• Uncertainty of a binding decision: Except, provided
everyone wants it, how about this for a quick, inexpensive solution? Mediate but on the agreed understanding that if no binding settlement is reached within 3
weeks of the mediation, a pre-agreed third party arbitrator promptly issues a binding determination based
on the papers submitted to the mediator (but without
knowing what happened at the mediation).
• reset and improve core relationships.
In a sense, mediation is ‘beyond’ law, enabling parties
to step away from a dispute and offering a safe environment in which to bridge gaps and resolve issues
there and then.
So you get all the benefits that mediation offers, plus
the added certainty of a ruling – all inside a 6 week
window.
Accepting his Oscar for Oppenheimer, Cillian
Murphy dedicated his award ‘To the Peacemakers everywhere’. Do you think, just maybe, he meant commercial dispute peacemakers too? I am not suggesting
mediation is always the answer, or making a plea to
‘help us help Cilian’, but unless you and your client
are pretty confident that litigation or arbitration is
going to deliver the best answer for them, why not –
to subvert the old ice-cream van refrain ‘Buy me and
stop one’.
And it works for:
• international business disputes, which can be
complicated by national or cultural differences
• disputes where key business relationships are at
stake, including Supply Chain / Procurement /Licensing & Distribution/Franchising
• partnership, founder and shareholder disputes,
where respective contributions or interests may have
shifted over time
*This article was written for London International Disputes
Week
12 April 2024 Andrew Hildebrand
• ‘David & Goliath’ disputes, e.g. between a bank /
financial institution and a small business owner, or
insurer and an individual, possibly involving disparities over objectives, expectations or resources
• disputes where people have divergent values or
perspectives. Or where anyone’s primary concerns are
not financial, but social. Or creative, like in the art or
entertainment worlds
Andrew
Andr
ew Acquier
Acquier, FRICS
CHAR
ARTE
TERED
ED ARTS
AR S S
SURVEYO
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• business related disputes between family members
or in family businesses, where personal interests and
emotional triggers may be complicating factors
Andrew Acquier FRICS has been working as an independent
valuer since 1982, specialising in fine art and antiques.
Instructions for probate, divorce settlement, tax/asset and
insurance valuations as well as expert witness work are
• where anyone feels unfairly treated, taken advantage of, or lied to; where people are ‘talking past each
other’; or where egos are involved, or
regularly received from solicitors and other professionals.
Andrew has many years experience of compiling reports
for litigious cases, several of which have necessitated a
• difficult conversations where having someone who
can help people navigate sensitivities safely and work
through issues constructively could be invaluable.
subsequent court appearance as an expert witness to argue
quantum. Divorce valuations are a speciality, usually as Single
Joint Expert. He is an Associate Member of Resolution.
Work is carried out throughout the UK and abroad.
So why don’t people use mediation more?
• Lack of awareness: Outside the litigation world,
people often don’t know what it is, let alone how
effective it is: Including me, back when I was an inhouse lawyer. When someone first suggested mediation to me, it struck me as implausible and slightly
insulting. The “What do you think I do?” factor.
Whereas now I think
23 York Street
Broadstairs
Kent
CT10 1PB
Tel: 0207 353 6440
Mobile: 07787 518 861
‘What have you got to lose? If it stops wars, it can
certainly stop a business dispute.’
EXPERT WITNESS JOURNAL
Email: andrew@andrewacquier.co.uk
Website: www.andrewacquier.co.uk
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AUGUST 2024
