In his role as a mediator, Rohan Bansie has assisted individuals and corporations resolve a wide range of issues. Most of the issues were legal, in that litigation had already commenced. However, over the span of his professional life he has been called on to mediate and resolve issues that were not being litigated. Rohan’s mediation experience includes: corporate restructuring, employment, insurance, personal injury, contract, commercial leases, shareholder agreements, investment and finance, commercial buy/sell agreements, various forms of consulting and sub-contractor agreements, land disputes, neighbour disputes, assault and battery, medical malpractice, debtor/creditor, and construction.
Clearly, litigation is not the only way to resolve disputes; there have always been alternatives to litigation. There is, therefore, a choice to litigate or be involved in some other dispute resolution process. Currently mediation it is the fastest growing dispute resolution technique in the field of Alternative Dispute Resolution (ADR).
Mediation v. Litigation
- Adversarial; prescribes winners and losers
- A slow process determined by the rules of Court
- A public process
- Disruptive to business (organizations)
- Limited scope of solutions (remedies)
- Non-adversarial; no winners and losers; win/win solution is very possible
- The process is in the hands of the parties; takes place out of Court
- A private process
- Fast and efficient
- Creative solutions are possible
Mediation is an effective dispute resolution option for businesses and individuals because it changes the dynamics of the dispute. It is a highly flexible process that can set an objective of early resolution of the dispute. With Rohan’s assistance as mediator, both parties are empowered to voluntarily reach their own mutually acceptable solution or settlement.