While once limiting its ADR practices to business-related disputes, the field of aviation is gravitating toward mediation in technical disputes, as well, opening up the door to an extended scope of practice. Such technical disputes can include everything from discerning liability for the failure of aviation equipment to disputes over parts and components.
The nature of the field of aviation means that in the process of conducting business, vendors and companies will work with a variety of players, all of which meet goals and regulations in performing their unique role in service and supply chain. These players include:
- Manufacturers and original equipment manufacturers (OEM) who are responsible for the design, manufacture of, and testing of parts.
- Companies that sell and distribute components and parts.
- Companies providing the hardware needed in the manufacturing process.
- Individuals and companies providing maintenance, repair and overhaul for aircraft and other related devices.
- Airlines (both private and commercial) transporting cargo and passengers.
- Aircraft operators and pilots.
- Companies providing necessary services, including fuel supply, baggage support, passenger support, food vendors for flights and airports, etc.
From this list, you can see the scope of disputes that might occur in the field of aviation, and why aviation mediation has become increasingly widespread in recent years.
As the costs of fuel fluctuate due to unstable economies and world politics, aviation must focus its profits on cost-saving analyses. This is another benefit of aviation mediation, as its cost-saving factor makes it an attractive alternative to tradition arbitration and litigation methods of resolving legal disputes.
However, finding a mediator who is trained in the unique regulations and codes of the aviation industry is increasingly difficult for many companies, who find themselves involved in the enormously difficult and wasteful task of having to bring a mediator “up to speed” on some basics in the aviation industry. Therefore, finding an aviation mediator who has experience in both mediation and aviation is the “best of both worlds,” allowing companies to reap the truly time-saving and cost-saving benefits that mediation, as an ADR method, brings to the table.
Mediation is not always the best choice to resolve aviation-related disputes, especially if the loss of life has occurred. However, disputes related to fiscal loss and settlement are generally perfectly suited for aviation mediation, and have shown success in a wide variety of cases.