Amicable management of disputes
Business Assistance intervenes for rapid and responsible conflict management through Mediation, Negotiation or Transaction.
Mediation: this method centres on re-establishing dialogue by bringing in an external, experienced perspective that can help shed new light on the dispute.
► Mediation is increasingly necessary everywhere,
► is possible everywhere,
► every one of us can encourage it.
►Mediation is all about a willingness to listen objectively and a passion for reaching conciliation.
► Mediation involves know-how but first and foremost insight,
► A new corporate culture!
The advantage?
- Faster, less costly and friendlier than the legal channel.
- Appeals to people’s maturity.
- Empowers parties to be active players in the resolution of their conflict: it fosters sustainable and consensual solutions rather than “remedies” imposed by an authority.
- Mediation is confidential;
- is always agreed to freely;
- can result in an agreement that can be sanctioned by the court;
- if no agreement is found, it's without prejudice to the rights of the parties and allows them to resume the judicial process.
- Mediation establishes real communication between parties.
- It enables commercial relations to be preserved or restored, to continue or commence shard projects, open up new partnership opportunities, etc.
Who is the mediator?
The Business Assistance mediator is qualified, and approved by the Federal Justice Ministry in all areas covered by the Law of 21 February 2005 (namely civil, commercial, social and family issues).
The mediator adheres to the ethical principles inherent to mediation.
The mediator is neutral and accepted by both parties.
The mediator cannot testify in court and does not report to the judge. The content of the exchanges is strictly confidential, with the possible exception of an agreement protocol signed by the parties.
What is the mediator's role?
The mediator directs the discussion, assesses the dispute, and identifies and clarifies the choices to be made.
Without imposing a solution, the mediator allows the parties to exchange their views within the context of constructive communication.
The mediator encourages dialogue and consideration in a climate of mutual receptivity, respect and trust that lends itself to creativity.
Finally, the mediator makes it possible to come to an agreement in accordance with the regulations and the interests of all.
Negotiation is a discussion that aims to reach an agreement.
A Transaction is a contract via which the parties end or prevent a dispute by agreeing to reciprocal concessions.