Mediation
PACIFIC MEDIATION COMMISSION

  • Mediation is the most cost-saving approach to settle differences and continue business partnership. It involves minimal risk for the parties and generates significant benefits. Mediation is an informal and flexible process which is handled by the parties.
  • PACIFIC MEDIATION COMMISSION (PMC) under PIAC was established to develop mediation services, which would essentially help business partners to narrow their differences through open and straight discussions. Mediators of PMC will assist the parties in reaching an agreed solution. A successful mediation results in an enforceable agreement come up by the parties. That would be a win-win solution mutually satisfactory to both parties.
  • Mediation at PMC never fails even when a settlement is not achieved because it causes the parties to define the facts and issues of the dispute, thus well prepares the ground for subsequent arbitration or court proceedings, if selected.
  • Main aspects of mediation at PMC include:
  • Mediation is a non-binding procedure controlled by the parties

    Unlike an arbitrator or a judge, the mediator is not a decision-maker. A party to the mediation is not forced to accept any outcome which is not acceptable to it. PMC mediators’ role is simply to assist the parties in reaching a win-win solution for their differences. The mediation process may be abandoned at any time if either party finds that the continuation does not meet its own interests.
  • Mediation is a confidential procedure

    In a mediation process, the parties are not compelled to disclose information that they prefer to keep confidential. Such confidentiality allows the parties to negotiate more freely and productively, without fear of publicity.
  • Mediation is an interest-based procedure

    The outcome of a mediation process at PMC is only driven by the parties’ business interests, but not facts of the dispute and the applicable laws as commonly seen in the litigation and arbitration. PMC’s mediators help the parties to choose an outcome that is oriented as much to the future of their business relationship.