BINDING THIRD PARTY RULING
RAPID CONFLICT RESOLUTION
In mediation, the parties resolve their conflicts together with the assistance of an independent third party; the mediator or mediation team. The parties voluntarily choose for mediation and the discussions are confidential. The joint solution is documented in a settlement agreement between the parties. This eliminates the need for court proceedings or arbitration. Mediation is an appropriate approach if the parties are willing to look for a solution together and it is important to maintain their relationship in the future. This can particularly be the case, for instance, if the parties have a long-term business relationship where renegotiation is often preferable to ending the contract. Another example is where they have shared interests, such as avoiding publicity or completing the project as quickly as possible. Mediation can also be used in order to end an IT project amicably (exit mediation).
The mediator makes every effort to create a constructive atmosphere. First the parties are given the opportunity to explain their disagreement, and why the conflict has not yet been resolved. The parties’ opposing and common interests are then listed. These interests may relate not just to the conflict, but also to the future relationship between the parties. Often potential solutions will then emerge that the parties had not thought about before. The SGOA mediators draw on their IT expertise and specialist knowledge to encourage the parties to reach alternative, creative solutions.
The mediator adopts a neutral position regarding the conflict and does not impose a ruling as arbitrators or third parties charged with giving a binding ruling would do. The parties themselves are responsible for finding a solution, which means they remain in control throughout the mediation process.
Fast and cheap
Mediations are relatively fast and cheap. Our experience has shown that nearly all IT mediation procedures can be settled within a few weeks. Often just one mediation session with the parties is sufficient, in other cases several meetings might be needed. 92% of our IT mediations are concluded with a signed settlement agreement.
Conditions for successful mediation
If you wish to start an IT mediation procedure, the rules are set out in the IT Mediation Regulations. The procedure always starts with an application. One of the parties may do this, but the parties can also submit a joint application. Article 3 of the IT Mediation Regulations specifies exactly what information should be included in the application.
Model Request for ICT Mediation
Go to the rules section
Do you have an IT conflict?
and are you looking for mediation?
Please do not hesitate in contacting us
We will be in touch soon.