In certain cases, litigation in the courts of justice is inevitable. A dispute might involve a legal principle or interpretation of law requiring determination by the courts. Alternatively, the parties (one of the parties) involved might simply prefer to refer the matter to the traditional judicial process.
Nevertheless, in all other cases and with proper and professional guidance and advice, disputes can be referred for resolution in alternative for a. Indeed, in certain instances, the law itself makes it mandatory for specific disputes to be referred to mediation, arbitration or other specifically composed boards and tribunals.
While litigation might sometimes, be the best option, the best interests of our clients and in particular their commercial objectives and reputation are sometimes better served by recourse to alternative dispute resolution methods.
Mediation is an alternative dispute resolution method which is currently attracting growing interest, especially that of corporate clients, as a way of alternatively resolving disputes effectively, efficiently and in a confidential manner, solely revolving around the interests of the participants. Mediation is a highly valuable option for dispute resolution which can be adopted to a range of fields including general commercial & civil, corporate, insurance, property, employment, intellectual property and other disputes. Whilst offering assistance to its clients through mediation processes, Mamo TCV is now one of only a few Maltese firms counting an Accredited Mediator within its Litigation and ADR team, who is competent to accept instructions to act as mediator in civil and commercial mediations both domestically and internationally.
Arbitration has, since its introduction in the Maltese juridical system, rapidly grown as an established mode of alternative dispute resolution especially in disputes of a commercial nature, apart from instances where arbitration is mandatory by law such as in condominium or motor vehicle collisions disputes. Our lawyers within the Litigation and ADR team has represented and assisted clients successfully in a significant number of complex and sensitive disputes. Moreover, a number of lawyers from our team have regularly been appointed to act as arbitrators in disputes by other firms, lawyers and third parties in various areas.
Our Litigation and ADR team also assists clients in OTHER forms of dispute resolution methods, including proceedings before ad hoc tribunals, boards, informal processes agreed to between parties and the Office of the Arbiter of Financial Services among others
