Mediation

A lot can happen in a contractual relationship and sometimes conflicts arise that need to be resolved.

Disagreement between two parties to a commercial agreement can be costly and jeopardise ongoing projects and deliveries, but it can also damage an important business relationship. To deal with this situation, the SCC Arbitration Institute has developed rules for mediation intended to facilitate the constructive and efficient handling of commercial disputes. 

The foundation of mediation is that the parties agree that the dispute will be resolved using a mediator. This form of agreement may be included in the business contract as a dispute resolution clause, but it is not necessary as long as the parties agree that mediation will take place in accordance with the mediation rules.  

Advantages of choosing mediation under the SCC rules:    

• Maintain the relationship  
  Mediation promotes both the business relationship and business benefits.  
   
• Control over the process  
  The mediation results in a decision that the parties have worked out together.  
   
• Fast  
  The mediation proceedings may be completed in one or two working days.
   
• Flexible  
  The parties can actively influence the process.  
   
• Confidentiality  
  Mediation is always confidential.   
   
• Enforceable  
  Under the SCC rules, the parties may appoint the mediator as arbitrator and request that they establish the settlement agreement in an arbitral award.