Mediation is a type of dispute settlement, in which the mediator together with the parties concerned actively seeks a solution to their problem. BrightOrange is specialised in financial mediation where it is the economic value that is at stake – in shareholder disputes and divorces, for instance, when the value of a company must be shared or settled.
Our mediators work for district and appeals courts according to the method of forensic mediation. This method combines expert study with mediation. In our case, the mediators/experts are, on the one hand, experts in value appraisals and experienced mediators, on the other hand. With these qualities they are able to provide judges with information through an expert report in order to help them reach a decision. A judge may also give the parties the opportunity to reach a (partial) solution by themselves through mediation.
We often apply financial mediation outside the courtroom, for instance in shareholder disputes about resignations. Most articles of association provide for the appointment of experts in disputes about the value of shares, but in practice these procedures are often costly and time-consuming. BrightOrange has, therefore, developed a method in which the specific valuation expertise is combined with mediation.
Financial mediation – in brief – boils down to the parties requesting the mediator/expert to provide them with binding advice as to the value or price of a company or shares package. However, this assignment is only confirmed after the mediation between the parties has failed. What is the advantage of the method that we have developed? The relatively costly and time-consuming expert study does not take place before parties have failed to settle their dispute in any other way. Experience shows that this method makes the need for expert studies obsolete in 75% of all cases. Instead, the parties – under the guidance of our mediators – arrive at a solution within four sessions.