FAQs

 

FAQs

Mediation is a highly effective means to resolving a wide variety of disputes. Mediation is becoming an increasingly used part of the legal process to reach a successful conclusion and avoid expensive court cases.

 

To help answer some of the queries you may have regarding mediation and arbitration services, please see below, a selection of some Frequently Asked Questions (FAQs). For answers to any other questions, you may have, please contact us.

Why should I try mediation?

Mediation enjoys remarkably high rates of success. It is an effective means to resolve disputes and avoid court appearances. In court, the focus is on each party and their rights and position. In mediation, a skilled mediator enables parties to transition from this approach to look at shared interests and shared needs. The mediator assists both parties through; conversation, negotiation and exploration to reach the best possible agreement conclusion for both parties.

Did you know that any person can act as a mediator?
However it is strongly recommended to choose a mediator who has been trained specifically in mediation to industry accepted standards. Membership of Civil Mediation Council (CMC) shows the person has successfully completed an accredited training course; undertakes suitable levels of continuous professional development; follows an appropriate Code of Conduct; offers access to a complaints process and possesses professional indemnity insurance.
Do you need a mediator with subject-matter expertise or knowledge of a particular industry?

For certain disputes’ ‘speaking the same language’ is a major benefit. For disputes in esoteric fields such as shipping it makes sense to employ mediators who have knowledge and experience, for example, if you have a laytime and demurrage dispute it would not exactly boost the parties’ confidence to have a mediator who does not understand what is laytime and demurrage.

Specific knowledge can make the mediation process more efficient and enable the mediator to focus on the key issues in the dispute; however and alternatively, the parties may prefer a mediator with no specific knowledge to avoid preconceived notions of a possible settlement enabling them to focus on working with the parties to find a unique and creative resolution.

Can I really get a successful resolution in just one day?
Yes. Mediation has a very high success rate. Many disputes can be resolved on the day of the mediation. If a dispute is not resolved on the same day, it is often resolved by a short further hearing or conference call. This is why many businesses now seek mediation as the best option whenever a dispute arises.
What types of dispute can be mediated?

 

A wide variety of civil and commercial disputes can be mediated including but not limited to; Aviation, Banking, Commercial Contract & Tort Disputes, Construction, Energy Renewables/Off-shore, Insurance, Land/Property Maritime/Shipping, Personal Injury, Professional Negligence and Sales/International Trade. If you have any concerns as to whether Lux Mediation can cover your sector or dispute Contact us to discuss whether we can help to resolve your case.

At which stage of a dispute can mediation be used?
Mediation can be used at any stage of a dispute. It can be chosen as the first step towards seeking a resolution after any negotiations conducted by the parties alone have failed. Mediation can also be used at any point during litigation or arbitration where the parties wish to interrupt these services to explore the possibility of settlement.
What are the main advantages of mediation?

Mediation is a much quicker and more cost-effective process than litigation or arbitration. If mediation results in a settlement, the parties can avoid the legal costs of fighting a dispute through the courts. Even if a settlement is not reached, the parties will often narrow the issues in dispute through their discussions in mediation. This can serve to avoid litigation and arbitration or at least result in much shorter hearings.

Can I really get a successful resolution in just one day?

Yes. Mediation has a very high success rate. Many disputes can be resolved on the day of the mediation. If a dispute is not resolved on the same day, it is often resolved by a short further hearing or conference call. This is why many businesses now seek mediation as the best option whenever a dispute arises.

Does Lux Mediation deal with commercial disputes?

Yes. We mediate on a wide variety of commercial disputes including but not limited to; Commercial Fraud, Construction issues, Contract and Tort disputes, Directors Duties, Insolvency, Partnership Disputes, Personal Injury, Professional Negligence, Property issues and Shareholder Disputes. We have particular expertise in Shipping and International Trade, dealing with complex, multi-party cases, supply chain complexities and jurisdictional issues.

Does Lux Mediation accept international cases?

Yes. Jonathan Lux is fluent in English, French and German and is well placed to conduct international mediations. Jonathan also holds International Mediation Institute (IMI) cross-cultural competence accreditation and understands how cultural and behavioural issues can create barriers to settlement and so need to be addressed as part of any mediation process. We regularly provide mediation services for international cases in countries such as; Dubai, Germany, Hong Kong, Singapore and the UK.

Does Lux Mediation deal with family law mediation?

Unfortunately, we do not undertake mediation cases relating to family law, although we can and do deal with cases involving the financial consequences of family breakdown.