Recurrent Mediation Service

Franklin Wyatt to encourage the courts and the legal profession to intensify the use of mediators in complex and long-running disputes.

Franklin Wyatt announces the launch of its Recurrent Mediation Services (“RMS”) to provide parties with more opportunities to settle their dispute.

Voluntary mediation is a common dispute resolution initiative used by parties, in a number of jurisdictions, in an attempt to settle their dispute without the need for a court hearing. An independent mediator facilitates discussions between the parties with the objective of them reaching a voluntary settlement.

However, in high value, complex, disputes (and in the absence of a contractual or statutory obligation to do so) parties often agree to attend mediation only once during the life of the dispute, even when it runs for many years. If a dispute fails to settle at that single mediation, the next opportunity for settlement discussions is usually at the door of the court.

The RMS model involves the parties agreeing to appoint a mediator for the life of the dispute. Further, the parties grant a Recurrent Mediator (RM) the authority to bring them together for settlement discussions of the whole dispute, or an interim dispute, at any time.

The RMS model has the advantage of bringing disputes to an early conclusion, reducing the legal costs of the parties and alleviating the burden on the courts.

ENDS

Notes for editors

Franklin Wyatt is an international consulting firm that specialises in solving complex commercial and legal issues. Its Dispute Strategy & Resolution team provides multinational corporations, sovereigns and private clients with a range of strategic advice concerning complex disputes intended to save clients time, money, resources and to achieve better outcomes. Franklin Wyatt is not a law firm (and is not regulated by the Solicitors Regulation Authority) and it adopts a multi-disciplinary approach to problem solving.