
Compromise and mediation

Resolving disputes with the mediation and assistance of a third party is one of the methods that has always attracted the attention of all classes of people. Speed, efficiency and less cost are the characteristics of this dispute resolution method. In such cases, the settlement agreement is conclusive between the parties and has its legal effects like other rulings.
The main goal of the parties of a commercial relationship is primarily the continuation of that relationship, but in most cases, the implementation of the contract is only to achieve the goals of the parties, and perhaps the violation or incomplete termination of a contract before its due date can cause great losses to the parties. Therefore, first of all, during the execution of a contract, a person or a group must always monitor the execution process and implement the necessary instructions. However, in the event of a dispute, all efforts of the parties should be made to adopt a solution for the implementation of the contract so that the parties can achieve their contractual goals. Compromise is an institution that has been of interest to everyone for a long time. In personal compromise, he invites the parties to negotiate, so that they can work on their differences and ways out of it. The mentioned person manages the compromise process and finally prepares a compromise document based on the parties’ agreements, which is like a judicial opinion and decisive arbitration between the parties and is also enforceable.
Another institution of commercial dispute resolution is mediation. A mediator is a person who, at the invitation of the parties to the dispute, tries to invite the parties to negotiate and by managing the process of mediation, encourages the parties to settle the dispute amicably, and in the meantime, he can also give recommendations to the parties that the parties accept or they are free to reject it. Finally, the mediator prepares a document based on the agreements of the parties. This document is not enforceable contrary to the compromise agreement, but in case of violation of one of the provisions of the other party, he can resolve the obligation of the party or compensate the damage from the authority. and ask for judicial or arbitration in any dispute.
Compromise in Iran is subject to special regulations and in order for a compromise letter to have a legal effect, it must be established in a court or arbitration, based on which the court will issue a corrective report and the arbitrator will issue an arbitral award. Two are a valid document and can be followed and implemented through the judicial authority. Conciliation in the international field is also subject to special regulations and depending on whether the conciliation takes place in the arbitration authority or if it is initially initiated by the arbitration authority, it is subject to special regulations.
One of the most important policies of Amin Middle East Lawyers Group is to resolve commercial disputes peacefully because it is aware of the benefits of such a method. Therefore, by creating a suitable environment and managing the process in a favorable way, we will use all our efforts to create a compromise between the parties or act as a mediator between the parties to reach an agreement and prevent the breach of the contract.
Contact us if you need Compromise and mediation services in Iran
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