Cayman Law Mediation is a new firm of mediators, established to help you resolve your dispute quickly and cost effectively, without the Courts, anywhere in the world.
We use our commercial savvy, outside the box thinking and common sense to search for a resolution.
Our Mediators
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Dispute Resolution
Negotiation
A back and forth discussion that attempts to reach an agreement.
Mediation
Mediation is a modern and widely used dispute resolution process where those involved are encouraged and empowered to work out their own solution with the assistance of a skilled, trained, and accredited neutral third person - the mediator. It is private, confidential, and informal allowing settlements to be agreed which neither a court nor an arbitrator might have the power or authority to impose. It is normally a voluntary process, entered into under a set of basic rules, usually at much less than 10% of the cost of continuing in litigation or arbitration. Mediation does not require anything like the preparation needed for trial or an arbitration, and it can be arranged at a few days notice at any convenient location. Worldwide it is proven to enable a solution to be reached on the day in 85% of cases. The outcome may be formalised by a court order made by consent or by a written contract. The mediator does not impose or recommend a particular solution, nor provide legal advice: instead the process uses careful listening, questioning, and analysis to enable a facilitated agreement to be reached. In some variants, mediators may offer an evaluation of the options raised but the most widely used form of mediation requires the mediator to be careful not to express any opinion: rather to tease out the underlying mutual interests and allow a solution to be found. For more information - download or order a copy of 'Practical Mediation'at this link.
Arbitration
Arbitration is, in essence, a private trial. The process results in a determination ('the award') by the arbitral tribunal which may consist of one or three arbitrators. The award may only be appealed in limited circumstances and is normally legally binding and enforceable. Generally, awards can be enforced by local and overseas courts under defined procedures. Its process is quite formal and shares many of the features of litigation, although it is usually more flexible. Originally preferred to litigation on the grounds of costs and speed, as well as offering the chance for litigating parties to choose their own venue and tribunal, it has become more expensive in recent years as complexity, challenges to rules, and the stakes for parties get higher. Some former users now prefer adjudication, which is a less formal version of arbitration while many others prefer mediation. Arbitration takes place under an agreed set of rules, usually established before a dispute arises under the terms of the contract. The arbitrator will follow the rules and the relevant legal code to deliver an award which, as closely as possible, reflects what a court might have determined had it heard the same evidence and applied the same legal principles. Arbitrators also make awards dealing with the costs of the dispute. For more information - follow this link.
Litigation
Litigation generally refers to the process by which a dispute comes to be determined by a court set up by a state to hear the relevant type of claim, case, action, or application. It is formal, and has sanctions and orders that are enforceable by the state through the court system. There are highly developed and formal sets of rules, as well as precedents that may bind or influence judge (and sometimes a jury) that decide the case. Judgments are generally susceptible to appeal, sometimes to two further levels, and even at the lowest tier will take time to emerge. Few jurisdictions can get to trial within 18 months in anything but the most simple and low value of claims. Legal costs may be controlled by the courts but are not always recoverable in full from the losing party - even if they have the resources to meet the costs. Generally, litigants find that they end up paying part of their own legal bill even if they win - and all of it, and their opponent's if they lose. Most outcomes in court are binary - one party wins, the other loses. Very few lawyers will guarantee any outcome at trial and judges (and juries) may be influenced by strong witnesses or experts in a way that may seem unfair to the losing party. Litigation carries high risks and high costs, even in the best of cases. Sometimes, however, there is little option and injunctions or fraud cases may require litigation. For more information - follow this link .
Dispute Resolution
Negotiation
A back and forth discussion that attempts to reach an agreement.
Mediation
Mediation is a modern and widely used dispute resolution process where those involved are encouraged and empowered to work out their own solution with the assistance of a skilled, trained, and accredited neutral third person - the mediator. It is private, confidential, and informal allowing settlements to be agreed which neither a court nor an arbitrator might have the power or authority to impose. It is normally a voluntary process, entered into under a set of basic rules, usually at much less than 10% of the cost of continuing in litigation or arbitration. Mediation does not require anything like the preparation needed for trial or an arbitration, and it can be arranged at a few days notice at any convenient location. Worldwide it is proven to enable a solution to be reached on the day in 85% of cases. The outcome may be formalised by a court order made by consent or by a written contract. The mediator does not impose or recommend a particular solution, nor provide legal advice: instead the process uses careful listening, questioning, and analysis to enable a facilitated agreement to be reached. In some variants, mediators may offer an evaluation of the options raised but the most widely used form of mediation requires the mediator to be careful not to express any opinion: rather to tease out the underlying mutual interests and allow a solution to be found. For more information - download or order a copy of 'Practical Mediation'at this link.
Arbitration
Arbitration is, in essence, a private trial. The process results in a determination ('the award') by the arbitral tribunal which may consist of one or three arbitrators. The award may only be appealed in limited circumstances and is normally legally binding and enforceable. Generally, awards can be enforced by local and overseas courts under defined procedures. Its process is quite formal and shares many of the features of litigation, although it is usually more flexible. Originally preferred to litigation on the grounds of costs and speed, as well as offering the chance for litigating parties to choose their own venue and tribunal, it has become more expensive in recent years as complexity, challenges to rules, and the stakes for parties get higher. Some former users now prefer adjudication, which is a less formal version of arbitration while many others prefer mediation. Arbitration takes place under an agreed set of rules, usually established before a dispute arises under the terms of the contract. The arbitrator will follow the rules and the relevant legal code to deliver an award which, as closely as possible, reflects what a court might have determined had it heard the same evidence and applied the same legal principles. Arbitrators also make awards dealing with the costs of the dispute. For more information - follow this link.
Litigation
Litigation generally refers to the process by which a dispute comes to be determined by a court set up by a state to hear the relevant type of claim, case, action, or application. It is formal, and has sanctions and orders that are enforceable by the state through the court system. There are highly developed and formal sets of rules, as well as precedents that may bind or influence judge (and sometimes a jury) that decide the case. Judgments are generally susceptible to appeal, sometimes to two further levels, and even at the lowest tier will take time to emerge. Few jurisdictions can get to trial within 18 months in anything but the most simple and low value of claims. Legal costs may be controlled by the courts but are not always recoverable in full from the losing party - even if they have the resources to meet the costs. Generally, litigants find that they end up paying part of their own legal bill even if they win - and all of it, and their opponent's if they lose. Most outcomes in court are binary - one party wins, the other loses. Very few lawyers will guarantee any outcome at trial and judges (and juries) may be influenced by strong witnesses or experts in a way that may seem unfair to the losing party. Litigation carries high risks and high costs, even in the best of cases. Sometimes, however, there is little option and injunctions or fraud cases may require litigation. For more information - follow this link .
Dispute Resolution
Negotiation
A back and forth discussion that attempts to reach an agreement.
Mediation
Mediation is a modern and widely used dispute resolution process where those involved are encouraged and empowered to work out their own solution with the assistance of a skilled, trained, and accredited neutral third person - the mediator. It is private, confidential, and informal allowing settlements to be agreed which neither a court nor an arbitrator might have the power or authority to impose. It is normally a voluntary process, entered into under a set of basic rules, usually at much less than 10% of the cost of continuing in litigation or arbitration. Mediation does not require anything like the preparation needed for trial or an arbitration, and it can be arranged at a few days notice at any convenient location. Worldwide it is proven to enable a solution to be reached on the day in 85% of cases. The outcome may be formalised by a court order made by consent or by a written contract. The mediator does not impose or recommend a particular solution, nor provide legal advice: instead the process uses careful listening, questioning, and analysis to enable a facilitated agreement to be reached. In some variants, mediators may offer an evaluation of the options raised but the most widely used form of mediation requires the mediator to be careful not to express any opinion: rather to tease out the underlying mutual interests and allow a solution to be found. For more information - download or order a copy of 'Practical Mediation'at this link.
Arbitration
Arbitration is, in essence, a private trial. The process results in a determination ('the award') by the arbitral tribunal which may consist of one or three arbitrators. The award may only be appealed in limited circumstances and is normally legally binding and enforceable. Generally, awards can be enforced by local and overseas courts under defined procedures. Its process is quite formal and shares many of the features of litigation, although it is usually more flexible. Originally preferred to litigation on the grounds of costs and speed, as well as offering the chance for litigating parties to choose their own venue and tribunal, it has become more expensive in recent years as complexity, challenges to rules, and the stakes for parties get higher. Some former users now prefer adjudication, which is a less formal version of arbitration while many others prefer mediation. Arbitration takes place under an agreed set of rules, usually established before a dispute arises under the terms of the contract. The arbitrator will follow the rules and the relevant legal code to deliver an award which, as closely as possible, reflects what a court might have determined had it heard the same evidence and applied the same legal principles. Arbitrators also make awards dealing with the costs of the dispute. For more information - follow this link.
Litigation
Litigation generally refers to the process by which a dispute comes to be determined by a court set up by a state to hear the relevant type of claim, case, action, or application. It is formal, and has sanctions and orders that are enforceable by the state through the court system. There are highly developed and formal sets of rules, as well as precedents that may bind or influence judge (and sometimes a jury) that decide the case. Judgments are generally susceptible to appeal, sometimes to two further levels, and even at the lowest tier will take time to emerge. Few jurisdictions can get to trial within 18 months in anything but the most simple and low value of claims. Legal costs may be controlled by the courts but are not always recoverable in full from the losing party - even if they have the resources to meet the costs. Generally, litigants find that they end up paying part of their own legal bill even if they win - and all of it, and their opponent's if they lose. Most outcomes in court are binary - one party wins, the other loses. Very few lawyers will guarantee any outcome at trial and judges (and juries) may be influenced by strong witnesses or experts in a way that may seem unfair to the losing party. Litigation carries high risks and high costs, even in the best of cases. Sometimes, however, there is little option and injunctions or fraud cases may require litigation. For more information - follow this link .
WHY SHOULD YOU USE MEDIATION?
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The latest UK MINISTRY OF JUSTICE STATISTICS from cases in England and Wales show that only between 3.0% and 3.5% of all cases filed in court actually went to trial. Assuming rational choices on the part of litigants, trials are very rarely in the parties’ best interests.
The latest CEDR SURVEY results describe an aggregate settlement rate at mediations in the UK at around 86%.