B1. Mediation

An alternative resolution of ICT related conflicts; fast and advantageous!

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The Mediation method

Mediation is an amicable dispute resolution process initiated at the request of the companies, either because it is provided for by a clause in the agreement from which the dispute arises or because they freely and expressly choose to pursue it.

Mediation involves the participation of an impartial third party who helps the parties reach an optimal negotiated solution, while respecting their interests.

 

The advantages of a mediation

Mediation offers public and private organizations many advantages:

  • It saves time because conventional (contractual) mediation must be completed within two months (unless the parties wish to extend that period)
  • It controls costs (the rates and fee schedule are discussed and approved in advance)
  • All discussions and the parties' agreement are confidential
  • It maintains the parties' business relationships
  • It encourages creativity in seeking solutions because the parties are not bound by specific legal rules
  • The company retains control over its dispute

 

Professor Georges Ataya, accredited mediator


Accredited by bMediation in 1999, member of CMAP and CEPANI, Georges Ataya runs mediation assignments in various domains, more particularly in his own field of expertise, Information and communication Technology. He accomplished various mediation assignments through CMAP in France and bMediation in Belgium. More information is available on http://ataya.info.

 

Professor Ataya is in charge of executive education in audit and compliance at Solvay Brussels School of Economics and Management where he acts as the founder and academic director of IT Governance (solvay.edu/it). He is also co-author of various frameworks and methods for auditing and managing governance of IT processes, projects and services.

The choice for an accredited mediator

The selection process for a mediator is determinant for the success of the whole operation.  To be qualified, mediators must be properly trained and accredited through a professional organization such as le Centre de Médiation et d’Arbitrage de Paris (CMAP), le centre bMediation (Bmediation.eu) or le centre belge d’arbitrage et de médiation (CEPANI).

Conflicts related to Information technology may involve complex and critical supply of services, software or infrastructure. A mediator should be capable to assist in reaching a robust win-win agreement in spite of a complex background and multiple stakes.

 

Initiating a mediation

One of the involved parties wishing to initiate a mediation assignment should contact ICT Control SA (info at ictc.eu or call +3223403200) or connect with one of the mediation organizations where Georges Ataya is affiliated.

Professor Georges Ataya conducts assignments in English or French. He could be contacted at any moment by parties or their lawyers for any additional information in relation to the mediation process.

 

Conducting a mediation assignment 

Professor Ataya accepts involvement in mediations where he feels totally independent from all involved parties. He otherwise remains available to assist one of the parties and advises through a complex mediation process aside the lawyers and legal counsellors. Other experienced mediators could be referred to.

The Mediator establishes contact with all parties informing them on the process, the method and the price for the mediation introductory meeting. Mediations are mostly concluded at the first or at the second meeting. Anyhow, the mediation process maybe interrupted by any party at any time.