Publication date: 06.07.2024
Mediation as a way to resolve commercial disputes: legal aspects
Background.
Mediation as a method of resolving commercial disputes is becoming increasingly common in Ukraine. This is due to the fact that traditional litigation often drags on for many months or even years, which can have a negative impact on business. Mediation, on the other hand, allows resolving conflicts faster, more cost-effectively and preserving business relations between the parties.
It is important for Ukrainian clients doing business to be able to resolve disputes without wasting time and money. Mediation offers an alternative to litigation that allows you to reach mutually acceptable solutions through negotiations with a neutral mediator. This is especially important in times of economic instability, when businesses need to be as flexible as possible and respond quickly to changes.
However, mediation, like any other legal process, requires professional legal support to ensure compliance with the law and protect the interests of clients. Legal Marketplace Consultant LLC provides a wide range of services that allow you to effectively resolve commercial disputes through mediation.
The main part
1. The initial stage of mediation: client consultation
1.1 Analysis of the situation by a lawyer
Client's example: A trading company from Dnipro has a conflict with a supplier due to a delay in the delivery of goods. They turn to Legal Marketplace Consultant for legal assistance.
The Legal Marketplace Consultant analyzes the situation by a lawyer , studies the details of the conflict and possible legal consequences. The lawyer prepares a legal opinion on the situation , which contains recommendations for further action.
1.2 Legal opinion on the situation
Based on the analysis, the lawyer provides a legal opinion on the situation, which describes in detail the possible ways to resolve the conflict, including mediation. This allows the client to evaluate all options and make an informed decision.
2. Preparation for mediation: legal support
2.1 Written legal advice
Client's example: A manufacturing company from Kyiv is planning to use mediation to resolve a conflict with a partner over the terms of a contract. They turn to Legal Marketplace Consultant for legal support.
Legal Marketplace Consultant provides a written legal advice, which describes the necessary steps to prepare for mediation, including gathering evidence and preparing arguments.
2.2 Writing a lawyer's request
The lawyer also drafts a lawyer 's request to the relevant authorities to obtain the necessary information and documents that can be used during the mediation. This helps the client to have a complete picture of the situation and prepare for the negotiations.
3. Conducting mediation: supporting the client
3.1 Legal analysis of the situation
Client example: An IT company from Lviv has a conflict with a client due to non-fulfillment of the contract. They decided to use mediation to resolve the dispute and contacted Legal Marketplace Consultant.
Legal Marketplace Consultant conducted a legal analysis of the situation, studied the details of the contract, and provided recommendations on approaches to resolving the conflict during mediation.
3.2 Legal opinion
Based on the analysis, the lawyer provides a legal opinion, which describes in detail the legal aspects of the conflict and recommendations for negotiations. This helps the client prepare for mediation and effectively represent their interests.
4. Post-mediation stage: conclusion of the agreement
4.1 Written legal advice
Client example: A construction company from Kharkiv has successfully mediated with a supplier of construction materials. They need legal support to conclude an agreement based on the mediation results.
The Legal Marketplace Consultant provides written legal advice describing the necessary steps to conclude the transaction, including checking its compliance with the law and protecting the client's interests.
4.2 Online legal advice
For the convenience of clients, legal advice is provided online, which allows them to get advice on concluding a transaction without the need for a personal meeting. The lawyer answers all the client's questions and helps to prepare the necessary documents.
5. Transaction execution and monitoring
5.1 Lawyer's opinion
Client's example: A financial company from Odesa needs support to monitor the implementation of the terms of an agreement concluded as a result of mediation. They turn to Legal Marketplace Consultant.
Legal Marketplace Consultant provides a lawyer's opinion detailing the legal aspects of the agreement and recommendations for monitoring compliance with its terms.
5.2 Online legal advice
For the convenience of clients, legal advice is provided online, which allows them to promptly resolve issues related to the execution of the agreement. The lawyer provides recommendations on how to solve possible problems and helps ensure compliance with the terms of the agreement.
Conclusion.
Mediation is an effective tool for resolving commercial disputes, which saves time and money, preserves business relationships and avoids lengthy litigation. However, successful mediation requires professional legal support to ensure that the process complies with legal requirements and protects the interests of clients.
Legal Marketplace Consultant offers a wide range of services, including legal opinion , written legal advice , online consultation of a lawyer , lawyer's request , legal analysis of the situation, written consultation of a lawyer , written legal consultation , legal consultation online, legal advice online , analysis of the situation by a lawyer , writing a lawyer request , legal opinion on the situation , lawyer's opinion . Timely application for professional legal assistance will help to avoid problems, ensure compliance with legal requirements and successfully resolve commercial disputes through mediation.
