HAVE YOUR DISPUTES OR DISPUTES SETTLED BY OUR SURVEYOR
Our SURVEYOR in maritime disputes
Amicable litigation and arbitration
The settlement of maritime disputes amicably or by arbitration by a maritime surveyor makes it possible to manage your problem as quickly as possible. The aim of amicable dispute resolution is to reduce time and costs by avoiding legal proceedings as much as possible.
The procedures for civil judicial survey in the search for causes and the determination of responsibilities are often long, tedious, expensive and even sometimes uncertain.
The use of an adversarial dispute or arbitration procedure can, in certain cases, be a good solution to simplify and accelerate the settlement of a dispute between parties and / or insurers while considerably reducing the cost and time of proceedings. In the case of an arbitration procedure :
- The parties jointly appoint an surveyor as an "arbitrator" without going through a court, by establishing a technical arbitration protocol
- The appointed expert proceeds contradictorily and in agreement with the parties to his work and produces a preliminary arbitration report, then a report after having collected the observations of the parties represented by their surveyors without necessarily going through lawyers
- The parties agree not to dispute the technical conclusions of the survey's report amicably
Saint-Jours Marine Surveyor is an independent company, working in particular for the courts. Our expert, listed by the Montpellier Court of Appeal in section E 7.6 merchant ships and pleasure craft, is at the forefront of root cause research and also has experience in these arbitration proceedings.
Legal litigation: party SURVEYOR, justice SURVEYOR
Our firm is also appointed to carry out forensic survey to ascertain a state of affairs, damage or find the causes of a technical problem. We are registered as maritime surveyors at the Montpellier Court of Appeal (E 7.6 merchant or pleasure vessels).
Each party can appoint its own surveyor (party expert) to technically assist its lawyer. Your independent forensic surveyor provide observations and comments in order to defend your interests in the context of the legal case.
To make an appointment with our surveyor for the settlement of an amicable or legal dispute,
contact us now!
WHAT IS MEDIATION?
Mediation allows for the amicable resolution of disputes, avoiding or ending a legal proceeding.
Whether you are facing a family, commercial, or social conflict, and you prefer an amicable agreement over litigation, whether it has been initiated or not, the mediator can assist you in coming together, engaging in dialogue, and finding a solution.
Mediation is a confidential process, meaning that in the event of a dispute, anything discussed during mediation cannot be presented in court! The parties involved must commit in writing to this obligation of confidentiality.
The mediator you have chosen freely or one appointed by the judge will convene the parties, with or without their legal counsel, as many times as necessary. Conventional mediation is the term used when no lawsuit has been initiated.
When a lawsuit is already in progress, it becomes judicial mediation:
- Judicial mediation
- Administrative mediation
WHAT IS A MEDIATOR?
A mediator is an independent, neutral, and impartial individual whose role is to assist the parties in finding a solution to the conflict that separates them.
Role and Qualities of a Mediator:
Adapt to the needs of each party depending on the type of dispute.
Demonstrate adaptability, active listening, empathy, and benevolence.
The mediator maintains control over the process, while the parties retain control over the solution.
Accompany, listen to, and encourage the parties to reflect.
Make every effort to ensure that the best solution is chosen and satisfies everyone.
Ensure that the chosen solution is fair and sustainable.
Cost of Mediation:
The compensation is based on the time spent, and the hourly cost depends on the type of case, financial stakes, and the mediator's required availability.