MEDIATION

a.t.Legal is entering market with new comprehensive service - mediation in business dispute resolution. This service may be of interest to owners of companies facing the need to reformat their business, restructure debt, require advice and mediation in resolving disputes with counterparties and public authorities. Moreover, mediators can participate in bankruptcy proceedings helping to resolve claims of creditors including those against persons controlling debtor under subsidiary liability.

Our company will put at your disposal professional mediators - specialists in particular area in which there is a dispute or conflict. They can fully take on burden of negotiations, including in case of acute conflict situation, as well as perform function of representation to counterparties, state and municipal authorities. In special cases, partners of the company can participate in case.

IMPORTANCE OF MEDIATION FOR BUSINESS IS MULTI-DIFFERENT:

  • Mediation is an integral part of range of business consulting services aimed at solving urgent problems of enterprise.
  • A professional mediator will be able to suggest best course of action based on professional and everyday experience, help to develop and implement anti-crisis measures, find alternative and non-standard ways out of the situation.
  • A professional mediator will help assess current financial and economic condition of company and facilitate due diligence procedures. The Law on Mediation allows mediator to exercise not a narrow role of a mediator, but to perform function of business advisor and consultant in relations with third parties.
  • Mediation is necessary when getting involved in a full-fledged conflict equals termination of business due to costs associated with litigation.
  • Engaging a mediator will allow business owners to concentrate on solving strategic management tasks, entrusting specialists with routine work.

SITUATIONS IN WHICH MEDIATION IS APPLIED:

  • Bankruptcy. Significant facilitation of bankruptcy procedures, since in some cases mediation can be useful to prevent unfavorable development of bankruptcy.
  • Corporate disputes. Most corporate disputes can also be resolved through mediation: recovery of damages from director, violation of corporate agreements, challenging decisions of governing bodies.
  • Labor disputes. Mediation can be used to resolve labor conflicts, so as not to bring dispute to state authorities which almost always side with workers.

Mediation will help resolve a conflict with dismissed employee who wants to quarrel and sue employer out of principle. Or, conversely, persuade right employee to stay. Mediation clause can be immediately included in employment contract.

  • Consumer disputes. Another category of disputes with great potential for mediation. It is important for consumer to receive a good product for which he paid. As a rule, he is not interested in a long trial. Manufacturer is also not interested in litigation, because in case of loss, it will pay a fine - half of recovered amount.
  • Negotiating transactions. When negotiations come to a deadlock, engaging an independent mediator will help to find a way out faster. Mediation clause can be included immediately in negotiating agreement or you contact us after disagreement has arisen.
  • Business disputes. Almost any business dispute can be resolved through mediation. It doesn't matter if it is a dispute over an employment contract, lease or loan agreement. Clause on use of mediation in the event of conflict can be immediately included in the contract.
  • Family disputes. Most favorable category of disputes for mediation. With help of mediation, spouses can, for example, divide up property, agree on alimony or procedure for communicating with the child.
COMPLEX SERVICE INCLUDES THE FOLLOWING:
  • Getting parties acquainted with mediation procedure.
  • Providing negotiating platform for resolving conflict.
  • Consulting assistance to parties to dispute, bringing arguments to each party.
  • Analysis of risks and ways out of the current situation.
  • Assistance in documenting pre-trial agreements of parties, including for court.
  • Assistance in execution of the mediation agreement between parties.
  • Representation in relations with contractors and authorities.
Key contacts
TITOV NIKOLAY
CO-FOUNDER, ATTORNEY, PhD in Law ntitov@atlegal.ru
Nikolay Titov is a co-founder of the law firm a.t.Legal. By uniting highly qualified lawyers under his ... Read More
PAVLOVSKY ALEXANDER
PARTNER, HEAD OF OFFICE IN MOSCOW apavlovsky@atlegal.ru
Alexander Pavlovsky is the partner of the a.t.Legal Law Firm and Head of Head Office in Moscow and has ... Read More
GANIN PAVEL
PARTNER, ATTORNEY, eMBA pganin@atlegal.ru
Pavel Ganin is one of leading attorneys working with the a.t.Legal Law Firm.
eMBA degree and Pavel's ...
Read More
EXAMPLES OF SUCCESSFUL PROJECTS:
MIKOYANOVSKY MEAT PROCESSING PLANT CJSC

Protection of exclusive rights to the trademark of Mikoyanovsky Meat Processing Plant and recovery of compensation for unlawful use of a name confusingly similar to the trademark of the right holder. Result of mediation is the amicable settlement.

ЧАСТНОЕ ЛИЦО PRIVATE PERSON
  • A dispute between heirs over the use of joint property. Result of mediation: the mediation agreement.
КРУПНАЯ КОМПАНИЯ, ПО СТРОИТЕЛЬСТВУ МАГИСТРАЛЬНЫХ ГАЗОПРОВОДОВ LARGE COMPANY INVOLVED IN CONSTRUCTION OF GAS PIPELINES

Dispute related to failure to obtain consent from members of a cooperative to design and continue construction of a gas pipeline.

Type of mediation: court mediation.

Mediation procedure: following the court's proposal to settle the dispute in mediation, a pre-mediation session was held with parties, where the mediator explained to the parties in detail what mediation is, what its principles are, how it takes place and what its advantages are.

Result of mediation: the mediation agreement.

КРУПНЫЙ ВЛАДЕЛЕЦ НЕДВИЖИМОСТИ LARGE PROPERTY OWNER
Lessee vs. landlord mediation. "Landlord vs Lessees" has become a hot topic during the period of self-isolation, when interests of the parties clashed under such circumstances. The Lessee was effectively deprived, or substantially limited, in its ability to use the rental property, while the Lessor continued to bear the burden of costs and loans.

Result of mediation: the mediation agreement.