by The Scandinavian mediation initiative CPH Mediation & Negotiation is expanding to include Norway, and is now represented in Denmark, Sweden and Norway. Lawyer and mediator Morten Tveten, who is the director of the Norwegian Bar Association’s Mediation Center – mekling.no, joins the collaboration.
With mediation, interest-based negotiation and constructive conflict resolution as its focal point, CPH Mediation & Negotiation is a joint Scandinavian collaboration based in Copenhagen, Stockholm and Oslo with the aim of helping companies and organizations in Scandinavia to handle disputes and conflicts in an efficient and predictable way to achieve the best possible commercial results – and at the same time keeping costs down.
The intention is to resolve commercial disputes and conflicts through negotiation and mediation efficiently, quickly and as early as possible with a focus on finding collaborative solutions.
The companies get access to Scandinavia’s largest network
With Morten Tveten’s entry into the collaboration, CPH Mediation & Negotiation is now represented in all the Scandinavian countries and the customers thus gain access to the best competencies and largest networks within out-of-court dispute resolution in Scandinavia.
“CPH Mediation & Negotiation is a catalyst for joint use and development of out-of-court dispute resolution in a Scandinavian perspective,” Morten Tveten explains. “For instance, our clients get access to a significantly broader competence base for choosing mediators. In particular when dealing with international parties in construction we experience a strong desire/requirement to bring in mediators with international experience and independency of the national legal society to ensure credible objectivity.”
And Gert Nilsson Eldrimner adds:
“Today many construction projects are international, with parties from different countries, which also applies to Scandinavia. From time to time cross-border construction conflicts which must be resolved are likely to arise, and oftentimes through mediation. Especially in cross-border disputes, a mediator from each Scandinavian country involved (“co-mediation”) is appropriate. “
Companies want effective solutions based on more than just legal opinions
Negotiation is the basis of most commercial agreements. But often things do not go as expected. There may be a need to adjust the agreements, align expectations and sometimes to renegotiate to avoid disputes and conflicts, and sometimes you have to return to the negotiating table to find the commercially correct solution to avoid ending up in court or arbitration.
Disagreements in commercial matters, disputes and conflicts are most often rooted in human factors, such as poor communication, misunderstandings and mistrust combined with conflicting interests and unwillingness to focus on the other party’s interests. All of these factors make it more difficult for the parties involved to find the best commercial solution themselves, and here the choice of the right advisory competencies can be of decisive importance.
In addition to his background as a lawyer and mediator, Morten Tveten also has significant experience from the business world, e.g. as Executive Director for Rambøll.
“I think I can bring with me a practical experience that can contribute significantly in our counselling. During my time in Rambøll, I learned how many resources were wasted on conflict management in construction,” Morten Tveten explains. “This applies to legal costs in connection with court cases, but not least also the use of internal resources to obtain documentation and “evidence”. These are resources that could have been used to make money on technical tasks instead.”
Often minor unresolved issues pile up, and the frustrations over the unresolved issues sometimes lead to cases growing into legal disputes which quickly turn into “issues of principle” that are resolved by lawyers through lengthy and expensive legal proceedings in court or by arbitration. Many times, however, the problems are not about law at all, and the legal processes end up closing the doors to the appropriate solutions.
“Through the work in Rambøll, among other things, I have gained a deeper understanding of similarities and common opportunities for multinational cooperation on conflict resolution, while at the same time realizing that there are also differences that are important to be aware of.”
By using acompetent negotiation advisers, companies can get help to prepare, organize and carry out negotiations so that the focus is maintained on finding the best commercial solutions. Sometimes it can be done through ordinary negotiations and other times, it can be beneficial to also involve a mediator to facilitate the negotiations.
Fast and effective resolution of commercial conflict
Interest-based negotiations and mediation are modern, fast and efficient ways of resolving commercial disputes. Whether there are two or more parties, the aim is to resolve the disputes through dialogue and negotiation with the aim of reaching a solution tailored to the interests and needs of the parties.
No matter how complex the dispute is, or how many parties are involved, there are usually good opportunities to find better solutions through negotiation and mediation,” Thomas Samsø Bloch explains. “Solutions that can save companies both time and money, and most often with the valuable side benefit that business relationships are maintained and sometimes even improved. Something you rarely experience after a lawsuit or arbitration.“
Most companies rarely have a commercial interest in leaving significant business decisions to a judge or an arbitrator. Companies have a far greater interest in maintaining control and keeping disputes on the negotiating track, so that they can move forward quickly and efficiently, keep costs down and focus on future collaborations rather than past disagreements.