Mediation and ADR

 Mediation

Mediation is a common dispute resolution technique, often mandated by contract or agreed by the parties after a dispute has arisen. Our lawyers have significant experience in mediation and facilitated negotiation processes, from two-party disputes to large and complex mediation and facilitated negotiation processes with dozens of parties and stakeholders.

Expert determination

Expert determination can be a viable means of resolving disputes of a technical nature (e.g., accounting, valuation, engineering and pricing  issues).  Again, it may be mandated by a contract or agreed after a dispute has arisen and may form part of a multi-tier dispute resolution process.  We regularly advise clients on the issues ripe for expert determination and guide them through the process, while working with the experts to advance our clients’ interests.  Common examples include accounting, valuation and pricing (including in long term LNG contracts) issues.    

It is important to bear in mind that expert determination is not supported by the same type of legislative and regulatory framework that underpins litigation and arbitration.  Enforceability of the expert’s decision can be a significant issue.  We are adept at the interplay between expert determination and the enforcement of rights through contractual mechanisms and, if need be, litigation or arbitration.

Other ADR

Commercial contracts can provide for a wide array of alternative dispute resolution procedures (such as meetings between management or industry dispute resolution boards). These can assist in the early resolution of a dispute or as part of a broader litigation strategy. We are familiar with many of these processes and the role they play in successfully resolving controversies.

Dispute avoidance and risk mitigation

We also assist clients in the structuring of deals and the negotiation of contracts to reduce legal risks, including through the adoption of appropriate dispute resolution provisions tailored for the contracts and industry in which they are operate; the incorporation of enforcement mechanisms within contracts; and the structuring of foreign investments to secure investment treaty protection and political risk insurance.