When negotiations about an international debt have not lead to an agreement, the parties may end up in a situation where either the international debt remains unsettled (and practically, the debt will become a write off for the claimant), or the claimant will have to start legal proceedings and go to court over the claim.
Debt unsettled or legal proceedings? Think twice
These alternatives are rather unattractive: the creditor will not like to remain with an unpaid or unsettled debt, and eventually, a write off, and the debtor might not like this situation either as it stands in the way of recovering the commercial relationship with creditor and it may harm debtor’s reputation in the business. And none of the parties will look forward to legal proceedings given the costs and time involved.
Mediation as alternative in international debt recovery
A serious alternative is mediation: provided that both parties agree, creditor and debtor appoint an independent mediator who will assess the situation regarding the international debt and work towards a mutually acceptable settlement agreement. Recommendable is to appoint a mediator with broad experience in and knowledge of international debt recovery.
The mediation process: sessions with creditor and debtor
During the mediation process, the mediator will have joint sessions with creditor and debtor, and / or separate sessions with each of them, to understand the situation regarding the international debt or the dispute from each side’s point of view, and to learn about what each of the parties propose as solutions for the situation or the dispute. The sessions can with today’s technology, and depending on the size of the international debt, be organized in person or by teleconference.
Working towards a settlement for the international debt
The next stage is what is defined in mediation literature as “caucuses”: the mediator will start separate sessions and discussions with each of creditor and debtor to learn about their core interest, which elements of a settlement would be acceptable, and which are “no-go’s” or “deal breakers” for either creditor or debtor towards settlement of the international debt. The mediator will subsequently go back and forth between creditor and debtor with ideas, suggestions and proposals with the aim of finding a mutually acceptable settlement agreement. The mediator’s leverage here is that, although a settlement agreement will never 100% satisfy any of the parties, the alternatives – an unsettled international debt and loss of the commercial relationship and harm to a business reputation, or expensive and time consuming legal proceedings, are even less tempting.
Consider mediation if all amicable options run out
Have you considered mediation as an alternative during international debt recovery, when your debtor is not paying, or if there is a dispute between debtor and creditor? If all negotiations between creditor and debtor fail, mediation might be the only serious or costs efficient alternative to an unsettled international debt (and at some point, a certain write off for the creditor) or legal proceedings.
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