Maritime law is often complex and deals with a variety of difficult topics.  Parties may end up in a dispute regarding maritime contracts such as towage agreements or vessel charters.  Mediation provides a peaceful way that parties can resolve such disputes.

Mediation is founded on the principle that parties can work out their own legal dilemmas – with the help of a third party.  This third party is chosen by the parties, which already shows that the parties are able to agree to something since they must first agree on the mediator they select.  Mediators have various backgrounds.  Many are attorneys who split their time between mediation and litigation.  Sometimes former judges serve as mediators.  Non-attorneys can also serve as mediators, such as business contractors and other individuals who can bring specific subject matter knowledge to the table.

Mediation is a private and confidential process that promotes positive dialogue and understanding.  At the heart of many mediation sessions is the emphasis on having empathy and understanding of the other side’s position.  When each party is able to step back and evaluate the situation from the other’s perspective, the parties are often able to come together to reach a mutual agreement.

Because judges are bound by the laws and the legal process, there are often limited remedies that they can provide.  While a judge must evaluate objective criteria, mediators can often analyze subjective input and provide ideas for more creative ways to resolve a problem.  A mediator can point out the alternatives of not reaching a settlement through mediation, which often subjects both parties to potential liability and negative repercussions.  This explanation of alternatives often helps the parties focus on their mutual interests and on the task of settling their dispute.