Francesca Bautista-Kolenic is a Gibraltar and UK qualified mediator, solicitor, barrister and notary public with over 15 years of experience in the field of company incorporation and administration, civil and commercial disputes, company and trust law and employment disputes. She successfully completed her training as a Civil and Commercial Mediator in 2004 with the ADR Group in London.
Francesca is passionate about the mediation process and the benefits and comfort it can provide parties during unsettling times. She has taken part in numerous face-to-face mediations throughout Europe and North America as well as multi-jurisdiction disputes spanning different countries and continents worldwide using electronic means.
WHAT IS MEDIATION?
Mediation is a process of resolving a dispute with the use of an experienced, neutral third-party intermediary in a confidential and voluntary manner. It is an efficient and cost effective alternative to litigation which allows the parties to air their concerns and arrive at a mutually beneficial resolution.
The mediator will contact the parties prior to the mediation to discuss the process, answer any queries they may have and get a general understanding of the matter.
After having spoken with all parties a time frame will be established for exchange of documents and the mediation date and venue will be set.
The mediator will then go between the parties to discuss the matter and methods of resolution in confidentiality, unless otherwise requested.
In the event of a settlement being reached, the parties may choose to instruct lawyers to draw up a settlement agreement or opt to have it drafted by the mediator (which can then be reviewed by their lawyers).
WHAT ARE THE BENEFITS
SPEED - the amount of time spent on mediation depends entirely on how long it takes for the parties to reach an agreement or terminate the process. There are no stringent rules as to certain time limits or deadlines such as those found in litigation and parties can select a mediator based on availability.
LOWER COSTS - mediation can be substantially less costly than the court system, as there are no court fees, the parties may choose not to be represented by lawyers and mediator’s fees are paid equally between the parties.
VOLUNTARY PROCEDURE - As mediation is a voluntary process, both parties must agree to proceed in this manner. When both parties willingly enter mediation they will generally be open to the idea of coming to a settlement.
INFORMAL NATURE - The informal nature of the mediation makes the parties feel more comfortable and relaxed which in turn allows for a constructive atmosphere where the parties can be more open to state their issues and vent their frustrations directly to the mediator as well as adopting a constructive attitude and becoming more open to settling the matter and considering offers made by each party.
RELATIONSHIP RETENTION - Due to its voluntary nature, parties are able to continue working and personal relationships, as mediation is substantially more amicable than litigation.
CONFIDENTIALITY– Keeping matters out of the public forum can be of paramount importance when considering reputational damage, intellectual property, new technologies, etc.
MUTUALLY ACCEPTABLE - Mediation allows for the control of the outcome to be placed in the hands of the disputing parties rather than in the hands of a judge or jury, which can allow for flexible and creative ways to resolve the dispute.
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