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Aviation disputes involving defects claims, injuries/accidents and shareholder disagreements are unavoidable and very challenging. Since the aviation industry is regulated by a complex legal framework, conflict resolutions are often lengthy and consequently extremely costly.
Resolving disputes by conventional methods may not be the best way to go. We tell parties seeking to minimize disruptions to their business to consider mediation as a quicker and less expensive way of resolving disputes.
Call Kanter Ostler Mediation & Dispute Resolution today at (619) 304-2244 to discuss your case with an experienced mediator.
Aviation disputes usually stem from various issues that include:
- airport or in-flight injury claims
- design and construction defects
- maintenance faults or deficiency
- pilot error
- employment disputes
- shareholder disagreements
- personal injury claims
- wrongful death
The laws governing the aviation industry are diverse and complicated. Much technical know-how is required to even begin to understand them. If you get involved in an aviation dispute, it is best to consult with an experienced aviation dispute attorney to guide you through the process.
Why use mediation as a way of resolving aviation disputes?
The legal structure concerning the aviation industry is a mix of national and international laws and regulations. Because of the high-value assets involved, significant commercial interests and risks are at stake which need to be looked at. Mediation can replace arbitration or court proceedings.
Mediation offers convenience
Mediation is a short process that can usually resolve disputes in a single session. Parties are allowed to conveniently choose their time and location to meet. Mediation aims for a quick but acceptable solution rather than years of litigation.
Mediation costs less
Mediation can successfully resolve problematic aviation conflicts and save thousands of dollars in trial costs and fees.
Parties maintain control
Mediation lets parties maintain control over decision-making. It promotes an atmosphere where each party can amicably express their concerns. All parties involved are urged to develop cooperation rather than harbor hostilities during the session.
Minimal economic loss
Mediation aims to arrive at a mutual agreement and is not binding if an agreement cannot be reached. The loss is minimal if the dispute is unresolved. The mediator’s fees and the time spent by the parties are the only investments made in using mediation. That being said, there is a risk of saying too much at mediation, allowing the other side to consider new lines of inquiry depending on how much was disclosed during the mediation. You should always be represented by an attorney who can protect you and your business from potential risk further on.
Mediation offers privacy
Mediations are confidential and can be carried out before or after the parties hire lawyers to represent them. While statements during mediation cannot be brought into court should a lawsuit develop later on, mediation does not shield documents ordinarily discoverable. It’s advisable to have an attorney represent you in a mediation, to let you know how much you should say and how much you should disclose.
What is the role of a mediator in an aviation dispute?
During mediation proceedings, a neutral third party called a mediator assists the parties in achieving a settlement of the dispute. A mediator provides a time schedule and helps promote an amicable discussion environment to help parties move past their dispute as quickly as possible.
A mediator will not:
- be any party’s attorney
- offer legal advice
- attempt to assess or judge the issue
- decide who wins or loses
Contact Kanter Ostler Mediation & Dispute Resolution
We at Kanter Ostler Mediation & Dispute Resolution are familiar with aviation industry laws. We have substantial experience in handling various types of aviation disputes. We can help you reach a successful resolution to your dispute today and help you avoid an expensive and prolonged court battle later on.
Contact us if you need assistance with your dispute. Call us at (619) 304-2244 to discuss your case with an experienced aviation mediator.