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Commercial Mediation
Zachary A. Emmanouil is a Circuit-Civil Mediator certified in Circuit-Civil Mediation with 15 years of experience, and he primarily focuses his Mediation practice on International Complex Commercial Litigation cases, both in-suit and pre-suit.
Given that Zachary provides International Commercial Litigation, International Commercial Arbitration, and International Business Transaction legal services, it logically follows that he is able to integrate his experiences in all three of these commercial areas to provide Mediation services to assist parties settle their case.
What really sets Zachary apart from other mediators is that, if warranted, Zachary engages in a very "aggressive" approach and applies a "No B.S." attitude. As an International Commercial Litigation Attorney, Zachary has seen and heard just about everything. Accordingly, Zachary unapologetically calls "B.S." when he sees it.
Moreover, Zachary has a strong policy of "Get To Yes" in mediation - he will do whatever it takes, and as long as it takes, to get the parties to agree to settle. Zachary is a neutral party, and his only goal is to settle the case.
In addition, the following is a list of some of the other key qualities that Zachary possesses as an effective International Commercial Litigation Mediator:
- Experience With Similar Disputes
- Thinks Outside The Box
- Pro-Active
- Problem Solver
- Earns and Establishes Trust
- Aggressive, yet Respectful
- Professional
- Effective Listener
- Controls the Mediation
- Creative & Imaginative
- Determined
- Defuses Emotional &
- Adversarial Exchanges
There are several advantages to attending mediation over litigating in court.
Some of these advantages are as follows:
Money and Time.
Mediation provides parties an opportunity to resolve their disputes immediately without incurring additional attorney's fees and costs. Moreover, parties can finally put their disputes behind them and spend time focusing on other matters.
Customized and Workable Solutions.
Mediation provides parties an opportunity to resolve their disputes in various different ways that would likely not be available in Court. For example, such customized solutions can include making payments in installments over time, providing additional or even different products or services as a set-off, providing extended warranties, providing an assignment of benefits, or providing any other solution that would likely not be available in Court.
Certainty.
One of the greatest fears is "fear of the unknown." Litigators often use the term "rolling the dice" when referring to going to trial simply because there is generally no 100% guaranty as to how a jury will decide a particular case. However, mediation provides the parties an opportunity to obtain certainty. Rather than leaving the parties' fate in the hands of total strangers (the jury), mediation empowers the parties to control the outcome of their dispute and thus eliminate the element of surprise and uncertainty.
Less Adversarial.
Mediation allows the parties the opportunity to settle their disputes in an environment that is generally less adversarial than going to court. While this is advantageous during mediation, it can also be advantageous after mediation because mediation can make termination of the business relationship more civil and amicable, or even help to preserve the business relationship and allow it to continue.
Confidential.
Unlike litigation where testimony, allegations, responses, and documents are generally of public record, everything that is discussed and shared in mediation is confidential (except where disclosure is required by law, such as knowledge of abuse of children or the elderly). Confidentiality is crucial in mediation because it allows the mediator, the attorneys, and the parties to more fully understand and focus on all of the primary issues and the risks of the litigation, without airing their confidential business practices or confidential financial or pricing information in public.
Zachary is a successful commercial mediator with a near perfect settlement rate, in part because he is able to draw upon and incorporate both his legal and executive business experience. In order to better understand Zachary's application of both his legal and executive business experience in mediation - especially within the context of mediating disputes before a lawsuit is filed, please read his article title "Integrating Legal, Business, and Mediation Experience in Pre-Suit International Commercial Mediation and the Advantages of Pre-Suit International Commercial Mediation" by clicking below.
