Mediation, negotiations, and arbitration are alternatives to the judicial process as methods of solving arguments. Arbitration is similar to the judicial process – a neutral person solves the argument between both participants but an arbiter is a private person and the parties could define who the arbiter would be as well as what rules would be followed by him/her to solve the problem.
Mediation and negotiations are methods by which parties make the decision if or how to solve the problem by themselves. Professionals could provide assistance for an efficient process.
In mediation, an independent person conducts a completely confidential procedure in which the disputants meet, and exchange their theses and requests, and the mediator helps easily to reach the points of intersection in seemingly conflicting interests. Very often, especially in trade arguments, it turns out that the disputants can reach, through mediation and mutual concessions, a much more advantageous business solution (a so-called win-win deal) than the court can give them on the basis of law.
In negotiations, parties strive to reach a profitable solution to their argument without the assistance of a third person – a mediator. Our office offers representation during negotiations by a professional – an expert in various negotiation techniques, tactics, and methods.
Gospodinov & Genchev Law Firm offers three types of services related to alternative dispute resolution – organizing and conducting the arbitration, organizing and conducting the mediation, or representation in mediation and representation in negotiations.
- Preliminary advice on the possibility of concluding an arbitration agreement between disputing parties or an arbitration clause in a contract;
- Advice on the choice of arbitration rules;
- Arranging and conducting the arbitration procedure, including securing an arbitrator from our team or from outside – at the parties’ choice;
- Preparation of the arbitral award and all documents necessary for its enforcement;
Subsequent advice on the enforcement of the arbitral award.
- Preliminary advice on the benefits of mediation and the possibility of including a mediation clause in a contract;
- Organization of a mediation procedure, including acceptance of a mediation request by the initiating party and sending a mediation invitation to the other party;
- Organizing and conducting the mediation procedure, including providing a mediator from our team or an external one – at the parties’ choice;
- Assistance in reaching an agreement between the disputants;
- Subsequent advice on the implementation of the arbitral award.
- Prior in-depth investigation of the case: the client’s business, the subject matter of the dispute, the client’s interests involved, and the interests and personality of the opposing party;
- Negotiation with the other party with or without the involvement of the client;
- Advising and drafting the necessary documents to conclude the dispute if a voluntary solution is found.