A tailor-made
mediation experience
Equanim
international
our offer
Backed by a unique, internationalnetwork of mediators, Equanim offers tailor-made mediation services. Our approach favors consensualism and rapidity, both in the choice of mediator and in the construction of the mediation process.
our methodology
We make the search for negotiated solutions more efficient
Assistance in initiating mediation
In the event of a unilateral referral, we take on the task of convincing one party, on behalf of another, to enter mediation, thus facilitating its launch.
We encourage joint referral by the parties, which strengthens their commitment from the outset.
The mediator's informed choice
We offer mediator profiles from those that appear to be the most suited to your specific situation.
Our international network of mediators includes leading figures from business and public life, as well as specialized mediators.
Co-construction of a unique process
We customize the mediation process to meet the unique needs of each situation, including the use of co-mediation or experts.
We also ensure that the mediation process is effectively coordinated with other ongoing procedures.
A secure and confidential setting
Our mediation rules, based on the best international standards, guarantee the professional ethics of our mediators.
In the event of difficulties, the parties may refer the matter to the Scientific Council by mutual agreement.
our added value
Optimize your resources and costs
By entrusting your disputes to Equanim, you gain peace of mind, reduce costs and optimize your time. We can help you optimize your decision-making process.
An experienced dispute resolution team
Equanim has an experienced dispute resolution team with an intimate knowledge of business issues.
The availability of an international mediators network
Equanim brings together leading figures from business and public life, as well as specialized mediators, on every continent.
The possibility to refer any type of dispute to us, at any time.
Our team demonstrates constant responsiveness to enable the parties to quickly implement mediation processes.
A flexible framework secured by our mediation rules
Equanim can propose the use of co-mediation, and enable the parties to benefit from the provision of expertise in support of mediation.
Co-construction of a tailor-made solution
We personalize both the mediation process and the proposed choice of mediators to maximize the parties’ chances of reaching an agreement.
Contact us for any type of dispute...
Complex (technical, multi-party, asymmetrical, collective...) or international disputes
- Multiple parties with an unequal balance of power (NGOs or consumer associations and companies, etc.)
- International context
- Sophisticated technical or economic aspects
- ESG litigation
Arbitration, litigation and enforcement of awards
- Judicial mediation
- Mediation in parallel with arbitration and for international operations and projects
- Litigation for the enforcement of arbitral awards
Intellectual property and new technologies litigation
- Patents
- Copyright and trademarks
- AI and programming
- Data centers and digital infrastructures
- Digital economy
Contractual commercial disputes
- Non-performance of national and international commercial contracts
- Franchises and distribution networks
- Industrial risks
- Insured/insurer professional disputes
Litigation before administrative and public authorities
- Major public contracts
- Major infrastructure projects
- Litigation with regulatory authorities
Disputes in M&A transactions
and post-acquisition
- Cross-border M&A transactions
- Disputes between signing and closing
- Hostile takeover
- Asset or liability guarantees
- Price adjustment litigation
Collective or strategic labor disputes
- Employee group actions
- Mediation support for PSE
- Building internal mediation systems within organizations
Conflicts of governance or management and family patrimonial litigation
- Disputes between associates or shareholders
- Disputes with investment funds
- Disputes within the family businesses and family office
- Crisis in the governance bodies
- Executive dismissal
- Earn-out
...whatever the sector
Services
Insurance
Banking & Finance
Competition, distribution and consumer affairs
International investments
Family Business
Governance
Intellectual property
M&A
Regulatory and public law
Restructuring
Start-ups
Industries
Construction, Real Estate & Infrastructure
Environment
Defense
Energy and extraction
Transport , Aviation & Maritime
Health and life sciences
Technologies, Media, Telecommunications
Societal issues
ESG & Duty of vigilance, climate
Labour & Welfare
Sports, Leisure and Entertainment
... and at any time
1
Before referring a case to a judge or arbitrator
Before considering arbitration or legal action, and in order to prevent the dispute from escalating, you can contact us to give yourself a chance to resolve it amicably.
2
During legal or arbitration proceedings
You can contact us either for court-ordered mediation in the course of proceedings or for conventional mediation in parallel with legal or arbitration proceedings.
3
After the court or arbitral decision
Even after an arbitration or court decision, Equanim is at your disposal to facilitate dialogue and find mutually satisfactory solutions for the enforcement of court or arbitration decisions, for a smooth and effective implementation.
How to file a request with Equanim ?
We help you mediate with the other party
In the case of a unilateral referral, Equanim is responsible for proposing mediation to other parties to a dispute.
More than just an approach, Equanim takes on the task of explaining, objectively and subjectively, why mediation would be appropriate and what form it might take.
We organize the mediation process for parties wishing to enter mediation
In the case of a joint referral, Equanim assists parties in conflict who wish to find an amicable solution together.
Equanim coordinates exchanges between the parties, ensuring that each can express its needs and expectations in a climate of trust, in order to prepare the mediation framework as effectively as possible.
Prevent disputes by including mediation clauses
Example of an optional prior mediation clause
In the event of any dispute arising out of or in connection with the Contract (insert the term designating the contract in which the clause will be implemented), the parties agree to discuss, prior to any other proceedings, the appropriateness of attempting to resolve it by mediation in accordance with Equanim International’s mediation rules.
Example of a mandatory prior mediation clause
In the event of any dispute arising out of or in connection with the Contract (insert the term designating the contract in which the clause is to be implemented), the parties will, on a mandatory basis and prior to any other proceedings, attempt to settle their dispute amicably by mediation in accordance with Equanim International’s mediation rules. If the dispute has not been settled under the said mediation rules within a period of [XX] days/months following the filing of the request for mediation or within any other period which the parties may agree in writing, the dispute will then be definitively settled in accordance with […].
our methodology
We encourage the emergence of negotiated solutions
To be developed – Talking about MGM?
1
When entering mediation
On the basis of the information provided, Equanim proposes any adjustments to the mediation process it deems necessary, as well as the most suitable mediator profiles.
Co-mediation can also be offered, so that parties can benefit from the complementary qualities of our mediators
All these elements are set out in a mediation agreement.
2
During the
mediation process
Equanim ensures the efficiency of the process by :
- The proposal, if the parties so wish, of a performance fee to ensure the mediator’s involvement in the search for a solution.
- The implementation of reinforced confidentiality and Equanim’s mediation rules based on the best international standards.
- The possibility of using pre-selected experts to support the mediation process
- The importance of speeding up the process by ensuring that the agreed timetable is adhered to
3
After the process
Equanim proposes to the parties that the mediator monitor the agreement to ensure that it is properly applied once it has been concluded .
our mediation fees
A tailored pricing structure focused on efficiency
Our pricing principles
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- Remuneration of 0.3% to 1.5% of the estimated amount in dispute
- Tailor-made pricing proposal depending on :
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- the mediator’s profile
- the complexity of the dispute
- process planning
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- Tariffs set in advance of the mediation process
Our pricing options
- Time-capped package with unlimited access to the mediator
- Fixed price capped by number of hours
- Success fee according to the wishes of the parties, to guarantee the mediator’s commitment to reaching an agreement
Centralized billing
partners
We partner with law firms and legal professionals
We offer a partnership formula reserved for approved law firms, giving them privileged access. Join us in the Equanim adventure!
Frequently asked questions
What is mediation?
Mediation is a dispute resolution process in which several legal entities or individuals entrust an independent, neutral and impartial third party with the task of helping them to bring their viewpoints closer together and to resolve their dispute by enabling them to re-establish contact and communicate with each other.
Who can initiate mediation?
The parties to a dispute are free to initiate mediation at any time, as long as they both agree to it. This is sometimes even pre-arranged in specific clauses within business contracts. In other cases, one party usually proposes mediation to the other.
Mediation institutions, such as Equanim International, can also offer to mediate on behalf of one party to another, or on their own initiative.
In what situations should mediation be used?
Mediation is suitable for any type of dispute, with none excluded in principle, regardless of the field (commercial relations, competition, finance and insurance, insolvency, construction, industry and transportation, etc.), the subject of the dispute (contractual relationships, shareholder conflicts, asymmetrical disputes, class actions, etc.), or the scale of the financial stakes.
It can also be relevant in supporting companies with project management: contractual negotiations, leadership transitions, management of joint venture relationships, etc.
When to resort to mediation?
- Before any contentious proceedings, either under a mediation clause or if the parties wish, to avoid resorting to court or arbitration.
- During proceedings, mediation can be ordered by the judge during or in parallel with the proceedings, with or without a stay of proceedings, depending on the choice of the parties.
- After obtaining a judicial or arbitral decision, to avoid appeals, to agree on the interpretation and implementation of the decision, or to seek a different, more satisfactory solution for the parties.
How can Equanim improve your mediation conditions?
- Mobilizing its network of first-rate mediators: Mediation professionals and key figures in the major sectors of international business life.
- Holistic dispute resolution: Equanim offers an enhanced mediation service by supporting the parties in co-constructing the most suitable framework: facilitated entry into mediation, assistance in selecting the best mediator, determination of logistical considerations, referral to audit firms and experts, monitoring of the solution reached by the parties, etc.
- Efficiency and confidentiality: By co-constructing a confidential discussion framework focused on finding amicable and effective solutions, Equanim strengthens the chances of reaching an agreement that resolves the dispute.
What is the role of the mediator?
While the mediator’s prerogatives are not always identical in all cases, his or her primary function is to support the parties in their search for a solution, and to ensure that a constructive dialogue is re-established between them to this end. As a neutral, independent and impartial third party, the mediator guarantees a confidential framework for exchanges between the parties, and works actively to bring them closer together.
He or she is not necessarily a legal professional: it is the dynamics he or she instills and the creativity of the solutions he or she generates that matter, more than legal skills. The parties need to ask themselves what they expect from the mediator, whether he or she is simply a facilitator or an advisor likely to propose solutions. In business mediation, it is generally preferable to have a proactive mediator.
What are the duration and costs of mediation?
Although variable according to the needs and complexity of the cases handled, the average duration of mediation is around 60 days. At Equanim, the average estimated cost is between 0.3% and 1.5% of the amount at stake in the dispute.
With a success rate of 80%, mediation benefits from a particularly favourable cost/benefit ratio compared to legal or arbitration proceedings, which are subject to unpredictable and often substantial costs and duration, generating insecurity for the parties.
How does mediation with Equanim work?
- Referral phase: Equanim receives a request for mediation or is interested in a dispute, and carries out an initial feasibility study;
- Setting up mediation: Equanim formulates a mediation proposal, including the names of mediators who can be mobilized, and the resources and expertise required to facilitate the mediation. The parties agree on a timetable under the aegis of the mediator;
- Analysis and listening phase: The mediator assesses the situation and identifies the needs and interests of each party;
- Dispute resolution phase: The dispute resolution phase consists of highlighting the possible options and choosing a solution.
- Agreement drafting phase: The parties agree on a solution and sign an agreement putting an end to the dispute.
Let's talk about your mediation project
Our team of experts is at your service to support you at every step of your project.
Contact us to find out more.
