We are experts in the resolution of commercial disputes with specialist expertise in matters involving science, technology and intellectual property. Some of the more common forms of dispute resolution that we offer are mediation, arbitration, adjudication, expert determination and mini trial. We are also able to negotiate major deals on your behalf and assist your organisation in its strategy development and implementation. Below is a summary of each of these services.
Mediation is a confidential process in which a neutral third party, the Mediator, assists the parties to resolve their dispute by agreement. The Mediator does this by helping the parties to consider options they may not have thought of, and by broadening the parties? perspectives of how to achieve each of their objectives. We only use mediators with a strong scientific and technological aptitude in order to maximise the probability that a solution will be found which is satisfactory for all parties to the dispute. Click here to find out more about an ArgyStar.com mediation including likely costs and procedures.
In contrast to mediation, which involves an agreement to settle, in arbitration a one or three member panel makes a decision that is binding on the parties, much in the way a judge will issue a judgement and make orders after litigation. In arbitration, however, the parties have the ability to choose a panel of one or more neutrals with subject matter expertise and who can straddle multiple jurisdictions and legal systems as well as conducting the proceedings under a confidentiality regime that protects trade secrets and reputations. ArgyStar.com offers a special service to patent holders which enables multi-jurisdictional patent disputes to be resolved efficiently in a single global arbitration. This is especially suited to the pharmaceutical industry in disputes between originators and generics. See our Publications and News pages for more information on this concept.
Sometimes a dispute involves one key issue the resolution of which may determine the outcome of the whole dispute. Where this is a scientific or technical question we can provide an expert in the subject matter who will be able to give a ruling on the key issue. Usually this is on the basis that the expert?s determination is binding on the parties, but the parties can also ask for a non-binding determination, after which they may be able to resolve their dispute alone or with the assistance of a mediator.
First made popular in the United States, a mini-trial can be a swift and effective way of resolving a seemingly intractable dispute. Basically it involves one of our experienced arbitrators and mediators chairing a panel the other members of which are the chief executives of the disputing parties. Each party?s legal team and witnesses then present their best case to the panel in an abbreviated process, following which the chairman of the panel helps the two executives to reach either an agreed settlement or, if they wish, a binding ruling on all or key issues in dispute.
Many people enter into negotiation of major deals without having good negotiation skills. They may be canny business people but have not had experience in a hard fought negotiation. Our negotiators have decades of experience as partners in top law firms and in other roles that equip them well to represent you and to lead your negotiating team. Frequently a skilled negotiator can achieve objectives that are disproportionate to the party?s apparent bargaining power. This is how we add value for our clients.
Most people confuse strategy with tactics. A strategic decision almost always precludes alternative courses of action, which means it must be made with great care and with all available information. Whilst we can also advise on tactics, our highly experienced strategists can help you brainstorm and workshop corporate plans and competitive edge options.
Principal Mediator and Arbitrator
Philip N ArgyArgyStar.com is a division of Jeapna Pty Limited, an Australian corporation