Frequently Asked Questions

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  Mediation is a dispute resolution mechanism that: 

1. Is specially designed to resolve disputes. 

2. Is the best process to facilitate communication among parties and address any misunderstandings stemming from cultural, practice, expectation, and other differences. It is particularly good for cross-border dispute resolution. 

3.  It saves over 90% of legal costs and up to 100% of the time compared to litigation (1 to 4 months in mediation compared to years in litigation) 

4. Is full of autonomy - In mediation, the decision is made by the parties, not the mediator.

5. Fully considers the interests of all parties including relationship, operation, reputation, financial situation, and all other legal and non-legal issues.

6. Maximises parties' interest towards a mutually agreed settlement that is most satisfactory and long-lasting. 

7. Is predictable, final, and enforceable across the majority of jurisdictions. 

  Mediation has been recognised as the most cost-effective and efficient dispute resolution mechanism. It suits the need for all civil and commercial disputes, in fact, all disputes other than criminal issues.

  According to statistics, more than 70% of the cases are successfully settled through professional mediation services and mediation case management. Nevertheless, mediation is voluntary, and parties can terminate the mediation at any time. The right to issue proceedings is not prejudiced by a delay and the rights of either party under Article 6 European Convention on Human Rights in pursuit of a legitimate aim will not be prejudiced by mediation.

 Unsuccessful mediation will not delay the legal process of any case, let alone jeopardising the outcome. Because, when parties attempt to resolve their disputes via professional mediation services, the mediator will work on reconciling any misunderstandings and differences in their expectations. This will facilitate parties to reduce the confrontational and emotional impact. Leading the parties to develop an educated and informed decision which is essentially to maximise their integrated interests. If a settlement is not reached, matters that need to be clarified in the court can be reduced. These will narrow down any differences and our experience indicate that the time for litigation will be reduced. 

  The objective of mediation is to resolve disputes, clarify misunderstandings, and achieve the best interests of all parties, through rational negotiation, under the facilitation of mediation experts. Therefore, the parties are willing to exercise the terms of the settlement agreement, because the settlement is certainly the best choice for all parties. Normally, the parties will choose the way that is most beneficial to them. Statistics show that more than 95% of settlement agreements are adhered to. Any remaining cases are usually affected by unforeseeable restrictions that prevent enforcement. In such circumstances, we then encourage parties to go for further mediation before embarking upon court proceedings. MAGI offiers a 20% discount if only one party is willing to pay for the mediation service. 

1. Professional services with a well-designed dispuate resolution system to resolve disputes.

2. Highly efficient and cost-effective procedures.

3. Maintaining equality and fairness.

4. Well-established mechanisms to secure Judicial Confirmation from the majority of jurisdictions that facilitate the enforcement of the settlement agreement. 

5. Designated intercultural professionals to help facilitate understanding of cultural and practice differences among contractors and partners in different regions. 

Parties may rely on the mediation case management process. The case managers will offer full support to all parties throughout the mediation. From consultation to assessing the merits of mediation, recommending the most suitable mediator and expert witness or mediation advocates, to arranging all logistic support. The case management process will ensure the mediation is conducted fairly and professionally. And generally, the settlement agreement is enforceable in the majority of countries across the world.