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Analysis<br />
Anjana Khemraz-Chikhuri, Analyst – Legal and Business Facilitation Division, Raju Jaddoo, Secretary General of the<br />
MCCI, HE Shari Villarosa, US Ambassador, Hélène Echevin, President of MCCI, Dr. Craig Beles, Advocate and International<br />
Arbitrator, Barlen Pillay, Manager-Legal and Business Facilitation Division<br />
private and public organisations. We<br />
are thinking here about the need for a<br />
healthier use of speech and dialogue,<br />
a more direct and frank approach to<br />
problems and the willingness to open<br />
up to the intervention of an external<br />
third party who is neither a sitting<br />
judge nor a government official.<br />
Mediation cases in developed<br />
countries such as France, Belgium,<br />
UK and the USA have success<br />
rates of above 95%. And more and<br />
more business disputes are being<br />
channelled through this process,<br />
rather than directly to arbitration<br />
or court, with the majority of them<br />
never getting to arbitration or<br />
court as they are settled during the<br />
mediation. If the business and legal<br />
communities of developed countries<br />
are successfully embracing these<br />
methods, why not our business and<br />
legal professionals?<br />
Advantages of mediation<br />
The MARC mediation framework<br />
provides a panel of mediators who<br />
are trained and well-versed in the<br />
techniques of mediation, as well as<br />
a set of rules which aim at ensuring<br />
expediency, confidentiality and<br />
fairness of the process. Each mediator<br />
must moreover follow stringent rules<br />
of ethics and must sign a Declaration<br />
of Independence and Impartiality<br />
prior to accepting a mediation case.<br />
The process is well structured and<br />
the MARC Permanent Secretariat<br />
provides parties with logistics and<br />
administrative facilities necessary for<br />
mediation proceedings.<br />
While it may be easy for two business<br />
partners involved in a serious conflict to<br />
only see the path to litigation as the way<br />
forward, attempting MARC mediation may<br />
hold numerous advantages such as :<br />
• Cost savings<br />
• A confidential outcome<br />
• An efficient process<br />
• Greater chances of preserving<br />
business relationships<br />
• Potential for achieving creative<br />
solutions<br />
• Greater control over the process<br />
and outcome<br />
28 <strong>insights</strong>
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