Mediation in shipping and insurance? Give it a chance
This article was written by Mary Thomson and first published for a Maritime conference in Hong Kong in September 2003
Litigation has always been high risk, and no more so than today both in terms of uncertainty of outcome and costs. For any well advised client, litigation must be the course of last resort. All available alternatives should be considered.
Alternatives are available. Arbitration is one alternative. Whilst arbitration has the advantage of allowing for the appointment of an arbitrator with expertise on the matters in dispute, it achieves no greater certainty of outcome and may well achieve no saving of time and costs.
Increasingly, the alternative of choice today is mediation. In some jurisdictions, the law recognizes the value and importance of mediation as a social necessity.