Mediation is a process where a neutral party assists in negotiations. Parties at dispute could go to court to resolve the conflict but considering cost and time which courts usually settle the dispute, parties in some cases prefer to go through a mediation process. The procedure of the mediation commences when parties appoint a neutral party (mediator) to help them resolve their issues during the proceedings of the mediation, each party starts to present his allegations and a mediator negotiates between parties privately. A mediator helps parties resolve their disputes, but he/she cannot force parties to resolve it nor decide who should win the case. By initiating a mediation, the parties are choosing not to go to court hereinafter; therefore, the fact is that no solution can be reached without the consent of the parties, the mediator should be a source of confidence and hold credibility and knowledge to understand the complexities of the conflict. If the parties reach an amicable settlement, they may conclude an agreement in which they have agreed.  In some cases, such as divorce cases, judges can order disputing parties to go through mediation before they start litigation. If so, the parties will report to the court that the mediation was unsuccessful. Recently the mediation becomes one of the most effective ADR Mechanism in resolving disputes, especially the international commercial disputes. During the past two years, our firm has succeeded to resolve numbers of trade conflict cases throughout the mediation and convinced parties at dispute to reach amicable resolutions based on the legal framework. The conquering of the above-mentioned cases satisfied our clients’ interests. So, if you are about to commence a mediation with a Korean or foreign parties, consider our firm as an option to help you.

The following elements should be considered in case of mediation

• – Unenforceable
• – Nonmandatory (if it is not a court order for example “when judge order the parties to mediate in divorce cases in some countries “)
• – Disputing parties must consent to reach a settlement.
• – Mediator is appointed by disputing parties.