We recognise that the vast majority of all commercial disputes settle before trial, judgment or award. As such, we understand the importance of placing our clients in the best possible position to achieve a negotiated settlement in the course of any arbitration or litigation.
We have extensive experience of mediation and conciliation procedures. We recognise that the keys to a successful mediation are timing and preparation. Timing, because the mediation should proceed only after the relevant issues are identified and quantified. Preparation, because the parties must be prepared to concede some issues and pursue others in order to achieve a fair settlement.
We understand that whilst the mediation process is an informal and non-binding procedure, it must take account of the commercial, as well as the legal, position of the parties and have an eye to any ongoing business relationships. We are sensitive to the business, commercial and cultural issues that inform the course and outcome of the mediation and the opportunity to find creative solutions to complex commercial disputes that the mediation affords.
In acting on behalf of our clients in the most complex commercial disputes, we have achieved mediated settlements that have led to certainty of outcome and a significant saving of management time and legal spend. Some of our notable achievements include:
- Acting for a Singapore listed mining company in the negotiated settlement with its insurers of a property and business interruption claim arising out of a catastrophic landslide in Indonesia.
- Acting for a major international hospitality company in the mediation of its multi-million US Dollar negligence claim against a prominent “Magic Circle” international law firm in Thailand.
- Acting on behalf of a professional architect in the negotiated settlement of a complex building dispute arising out of the design and construction of a mixed-use development in Singapore.
- Acting on behalf of international insurers in the mediated settlement of property and casualty claims arising from catastrophic earthquake damage in New Zealand.
- Acting on behalf of Japanese insurers in the mediated settlement with American reinsurers of property and business interruption claims arising from a subsea pipeline failure in Indonesia.
- Acting on behalf of a Southeast Asian software services company in mediating a claim against a major international insurer under the its Directors’ and Officers’ liability insurance policy.
We also accept instructions to act as sole or joint mediators. In taking these instructions, we go beyond merely shuttling offers and counter offers between the parties. We recognise the potential deadlock, roll up our sleeves and look to assist the parties in defining the issues for discussion and identifying the alternatives that may be available to achieve a successful resolution.