Disputes often need to be resolved in a court of law or through arbitration if it is not possible to find a solution through negotiations. Often, a better solution for all parties is to try mediation before the case is brought to the courts or an arbitral tribunal.
Mediation is an alternative form of dispute resolution, with several advantages compared to a litigation process.
- is quicker
- is confidential
- reduces the level of conflict
- reduces costs
In addition, the parties retain full control of the outcome of the mediation, because they decide how far they are prepared to compromise to reach an agreement and they can also withdraw from the process at any time. The mediator's role is to facilitate a process that enables the parties themselves to find a solution to the problem that they both find satisfactory. The process is based on a mutual understanding that a voluntary solution can give both parties advantages that are not possible in a court of law. The parties are given the opportunity to discuss solutions that are, to a greater extent, based on the parties’ commercial and other interests, rather than on their legal positions.
The parties can themselves agree on the choice of mediator, which means that they can be certain of appointing a mediator with qualifications and experience in the industry or legal field that is being disputed. Further, they can consider the mediator’s professional and personal qualities.
SANDS can offer clients mediators that are certified by DNA (the Norwegian Bar Association). Indeed, one of our partners, Geir Frøholm, is Chairman of DNA’s Mediation Committee. We can provide mediators in the following areas:
- construction and infrastructure
- offshore fabrication
- supplier contracts
- goods and services contracts
- land and property
- commercial real estate