The International House of Mediation EWIV is an umbrella organisation able to introduce international mediator teams to clients from different countries who wish to settle substantial disputes by mediation.
Mediation is a way of enabling parties that have disputes with each other to settle those disputes by finding appropriate solutions.
Mediation does not involve judging or arbitrating disputes, rather it encourages the parties to narrow their differences and resolve their disputes by agreed solutions, rather than by judgements.
Mediation has a very good track record of achieving settlement of disputes in many countries.
However when there are disputes between parties in different countries, the practices and legal systems and solutions available to the parties are completely different.
In the case of international disputes the International House of Mediation can introduce clients to a team of mediators, from different countries (usually one mediator from the country in which each party to the dispute is based) so that instead of having one mediator, there will be a team of mediators thereby greatly widening the available pool of experience with regard to solutions and with regard to the mediation of disputes.
International arbitration and international litigation are the common method for resolving international disputes. However international mediation offers a very discrete, very quick and relatively cheap method for resolving international contentious issues.
The International House of Mediation can offer discreet venues which may be deliberately chosen to be neutral or to have no connection with the parties (thereby ensuring discretion and confidentiality).
Mediation can also provide a much speedier way to resolve international disputes- typically a mediation will take 14-21 days, which is less than the time normally allowed for a response to a court or arbitration claim, let alone resolution of it.
Typically International Arbitration involves very substantial arbitration fees, and both international arbitration and international litigation involve very substantial lawyers’ fees. Mediation can be much more cost effective.
Typically arbitration or litigation can involve wrangles over jurisdiction and relevant legal system, because international mediation is about understanding the dispute, but not judging or evaluating, merely helping the parties find solutions, it is possible to settle a dispute by mediation even if there is no agreement as to the law or court system governing the dispute itself.
Because of the wide number of its known, trusted and discreet international contacts, the international House of Mediation can also call upon independent legal expert advice or support from its members. For example a dispute between a Turkish and an Italian company could be mediated in Malta or Switzerland and could be settled by the use of an escrow in France or the UK held by the French or English member.
International House of Mediation will consider a client’s dispute and decide whether it is suitable for mediation, if so will contact and assign a team of mediators (having first checked their availability and suggest a venue).
For the evaluation phase International House of Mediation will need:-
We estimate the evaluation phase will take up to 10 working days. We will have complete discretion as to whether to accept the mediation or not. If we do accept the mediation then its conduct will be transferred to the head mediator who will agree the directions and terms of mediation with the parties.
The mediator will quote the mediation fee. The minimum mediation fee is €10,000. The quotation will cover the cost of the mediation team reading themselves into the mediation papers, setting out and agreeing directions, venue and timings, and attending at the first day of mediation. It will also include a fee for working beyond 6pm and a fee for every additional day of the mediation plus a fee for signing the mediation settlement agreement prepared by the parties, if required.
Our mediators can arrange discreet locations for mediations including Hanover, London, Paris, Dublin, Madrid, Malaga, Milan, Malta, Bournemouth, Istanbul and Geneva.
As part of the evaluation process the parties will be expected to identify themselves in the normal way accepted across international boundaries. Specifically this will require establishment of identify and bone fides. If the parties are represented by duly registered lawyers or other professionals then certification and/or letter of comfort from such professionals will be acceptable.
The mediation will take place (written and spoken) in English or in one of the EWIV languages.
The mediation team will have the right to require translation of documents into a second EWIV language.
The International House of Mediation EWIV will use any information delivered by a client purely for the purposes of evaluation of the mediation and for no other purpose.
The International House of Mediation will have no liability for any matters arising in connection with any dispute or mediation of such dispute. Its service is limited only to the evaluation and introduction of the mediators.
All matters relating to the International House of Mediation EWIV will be subject to German Law and the exclusive jurisdiction of the German Courts