International Business Mediation

There is a common yet fatal misunderstanding that mediation and law are mutually exclusive concepts. Allow me to correct the notion:

Mediation is no alternative to legal recourse. A conflict’s inherent legal factors must and will be addressed in the process of mediation.

Mediation and legal recourse cannot replace one another. The two institutions are consecutive, respective to a situation’s escalation level. In a situation of conflict there are (usually) at least two opposing parties. Imagine these parties are countries. Depending on the escalation level, the options are diplomacy and war. A neutral third party intervention is diplomatic mediation. Only if diplomacy fails and the escalation increases may one resort to war as the ultima ratio option. Mediation is diplomacy. Legal action is war (your lawyers being the generals calling for action). It will result in destruction and loss for every party involved. Even if you win the case, you will have lost a business partner (i.e. future business) or a valuable colleague (i.e. knowledge, networks and perhaps equity) as well as considerable personal resources (further equity, time, and nerves).

The supreme art of war is to subdue the enemy without fighting.
- Sun Tzu -

Only go to battle in court if mediation has terminally failed. This advice is given to you by the warfare genius General Sun Tzu. For two and a half millennia, expert strategists have followed his fundamental principles. Those who didn’t eventually failed. Be smarter. I combine interdisciplinary academic and cross-section professional expertise with state of the art mediation methods. Thus I guide you through the process of understanding the conflict and its inherent factors, devising your best solutions, and implementing them in a fashion which allows you to emerge and progress with strength on a positive trajectory.


TYPICAL CASES

Business vs Business

  • Contractual disputes
  • Payment difficulties
  • Intellectual property disputes
  • Damages and claims settlement

Business vs Customer/Client

  • Contractual disputes
  • Payment disputes
  • Quality/customer satisfaction disputes
  • Damages and claims settlement

Shareholder vs Shareholder (incl. Partners and Associates)

  • Strategy disputes
  • Competence conflicts
  • Contractual disputes
  • Conflict of interest disputes
  • Company valuation disputes
  • Share purchase and redemption disputes
  • Dissolution/liquidation disputes

Business vs Creditor/Equity Investor

  • Contractual disputes
  • Payment difficulties
  • Debt restructuring/leveraged buy-out disputes
  • Company and equity (re)valuation disputes
  • Conflict of interest disputes

Business vs Employee(s) & Employee(s) vs Employee(s)

  • Employment termination
  • Performance and quality disputes
  • Process and change management disputes (incl. reorganisation, restructuring, rationalisation, consolidation, and M&A)
  • Employee representation disputes
  • Individual inter-personnel conflicts
  • Inter-department disputes
  • Team disputes

Business vs Stakeholder (private, public, educational/science)

Conflicting interests with:

  • Civil society initiatives and non-aligned NGOs
  • Political parties/party foundations
  • Public authorities

CONTACT me for your questions or to schedule an appointment.