The Mechanisms of Choice For Expeditious and Cost-Effective Conflict Management and Dispute Resolution Strategies
Commercial mediation and arbitration are essentially designed to relieve parties from the burdensome process of litigation in ordinary courts with regard to time and expense. However, the efficacy of mediation and arbitral proceedings in commercial claims depends almost entirely on the goodwill and willingness of the parties and their advocates to facilitate the spirit of expedition and cost-effectiveness of mediation and arbitration proceedings.
The overriding objective of mediation and arbitral proceedings can only be achieved if parties and their advocates, whether lay or legal experts, effectively discharge their duties and in, among other things-
(a) drafting meaningful and effective mediation and arbitration clauses/agreements;
(b) facilitating expedition in the appointment of the mediator or arbitral tribunal;
(c) submission to mediation or arbitration;
(d) positive attitude towards preliminary and interlocutory proceedings; and
(e) active participation at hearing and closure.
The Mistake Lawyers Make
Regrettably, there has been a tendency among legal counsel to imitate civil procedure and overwhelming techniques common in litigation and employ them in arbitral proceedings. Ironically, their clients applaud them and brand them heroes, sadly, at their expense in time, money and destroyed business, or family relationships.
Our Approach
Premier ADR consultants help disputants and their legal representatives to navigate the course of conflict management and dispute resolution stress-free, and without undue regard to technicalities. In mediation, we promote party autonomy and play a facilitative role while parties generate mutual outcomes and determine their own destiny on agreeable terms. We simplify arbitral proceedings, making it participatory and easy for the parties to follow compared with the all-familiar complex, costly and emotionally distressing court litigation.
Our founder and managing consultant, Dr. K. I. Laibuta, is a chartered arbitrator and mediator. He has a wealth of professional experience spanning three decades in legal practice with more than two decades of practical experience in commercial arbitration and mediation. Dr. Laibuta is a skilled independent, fair and impartial commercial arbitrator and mediator of impeccable personal and professional integrity, who values the parties’ unqualified right to equality of opportunity to present and deal with their case and with that of the corresponding party or parties. He conducts mediation and arbitral proceedings in a friendly atmosphere that inspires trust and confidence both in the process and in the arbitral tribunal. With regard to arbitration, Dr. Laibuta is non-judgmental and accords each party and their witnesses deep respect for their personal dignity, which in turn guarantees compliance with his orders, directions and awards, none of which has ever been successfully challenged. He subscribes to our mantra and the immutable principle that “No Conflict or Dispute is Intractable.”