CIVIL AND COMMERCIAL MEDIATION

Mediation for White Collar Crimes

Fast, efficient and private

Flexible, low cost and faster than going to court, mediation has become an increasingly popular and effective way of resolving civil and criminal cases. It’s a particularly good solution for the resolution of white collar crimes, where the line between guilty and innocent can sometimes be shaded grey.

Why mediation?

For example, a successful company’s founding CFO has been taking a 5% commission on new deals. According to the CFO, he and the CEO had agreed to this arrangement six years ago, after an office party. The CEO remembers things differently: the commission was to be on new deals through that financial year, not in perpetuity. He then accuses the CFO, an old friend with whom he’s recently had some tension, of embezzlement. Going through the court system will not only be arduous, expensive, and bad for the firm’s publicity, but it will also end in either a guilty or not guilty verdict. The CEO doesn’t want to destroy his friend’s life, but he feels taken advantage of, and the company could use that money for an upcoming deal. This case, then, may require a more nuanced resolution—a middle ground found via mediation.

How it works

By giving the decision making power to the clients, rather than to a jury, mediation finds a mutually satisfactory solution that, ideally, gets them back to business as seamlessly as possible. In fact, 70 – 80% of mediation participants report being satisfied with their results. This approach isn’t a compromise; it’s an effective, efficient and expedient way of resolving disputes. In fact, mediations end in agreement about three-quarters of the time and have high rates of compliance, because each side has been heard and participated in the process of determining a solution.

The adaptable, meaningful process of white collar mediation helps maintain business continuity while moving the entire company forward, together and without the added expense and negative attention full blown court cases can attract.

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