A GUERNSEY surveyor is offering islanders an alternative way to resolve commercial disputes.
Gary Naftel (pictured), of chartered architects and surveyors’ practice Aslett Naftel, has qualified as an accredited mediator and has already conducted several mediations in the island.
He said that mediation, which is a new addition to the company’s range of services, was a flexible process that could be used in a wide range of situations.
‘Mediation is an effective way of resolving disputes without the need to go to court. It involves using an independent third party, a mediator, to help both sides reach an agreement. It’s without prejudice and strictly confidential.’
Mr Naftel, who works in partnership with chartered architect David Aslett from an office in Le Bordage, said that mediation had many benefits.
‘It tends to be quicker, cheaper and less stressful than litigation and the parties can shape the outcome themselves.
‘Litigation is usually based on the interpretation of applicable laws, while the interests and needs of the parties are seldom addressed.
‘Mediation will appeal to many people because there’s no limit to the choice of settlement. They do not receive a judgement from the mediator, so they can agree on an outcome that is acceptable to all parties.
‘For instance, some people simply want an apology, which a court could not enforce.’
Mr Naftel said that, unlike litigation, mediation also sought to satisfy the needs of all parties.
‘Litigation has an unpredictable outcome. Both parties may have a lawyer who is confident to litigate their party’s claim or defence, but one side will ultimately lose.
‘Mediation aims to achieve a win-win outcome and neither party should feel like they have lost.’
Mr Naftel said that local demand for mediation was growing and its process had been endorsed by the Bailiff’s Chambers as a sensible step to take before litigation.
‘The most important thing is that both parties must want to settle. If the will is there, then the mediator has the ability to make it happen. Most are resolved in a day and some only take a few hours.’
Mr Naftel studied mediation through distance learning before completing a residential course, followed by his final assessment in London in December, alongside several barristers and QCs.
He said it was a skill that was well suited to his profession.
‘Surveying is quite a varied discipline and mediation sits well within it. You are trained to identify the parties’ needs and interests and to focus on solutions rather than problems.’
Article posted on 17th March, 2009 - 2.30pm
One Article Comment
I have used this excellent service and found them to be friendly, professional, efficient and helpful, and we reached the settlement in an amicable way which was agreeable to both parties.
I would highly recommend them.
Report abuse