Motorsport at all levels is becoming increasingly international: big business, big personalities and big budgets can, and not infrequently do, lead to big disputes.
Take the dispute to Court?
But if the chassis is manufactured in Italy, the problem manifests itself in Brazil and the disputing parties are residents of France and USA – which Court?
Aside from jurisdictional issues, there are high Court costs, delays and the risk of adverse publicity.
So, will the choice of Arbitration solve the problems?
Arbitration may keep the dispute out of the public eye, but the costs and delays are still there. Also, if the Arbitrators make mistakes there is no, or only very limited possibility of appeal.
The answer – Mediation
Lux Mediation is already seeing the more enlightened industry participants (sponsors, teams, managers, drivers, manufacturers & suppliers and their respective insurers) refer their disputes to mediation.
The mediator is a facilitator helping the parties to come to a binding settlement.
Mediation is quick, (it can take place as soon as a dispute arises); economical (there are almost none of the formalities of Court or arbitration); innovative (the mediator can help the parties to find solutions which no judge or arbitrator could order); and perhaps most importantly, preserves business relationships (because it is the parties’ settlement rather than the win/lose outcome of Court or arbitration).
The most complex commercial and/or technical motorsport disputes can usually be resolved in a mediation hearing of no more than one day. Independent data suggests that mediation enjoys a success rate approaching 90%. Lux Mediation has specialist Motorsport mediators with the knowledge and experience to facilitate resolution of your dispute.
No one intentionally wants a dispute to arise, however, they do occur.
When disputes occur, no party wants to endure seemingly endless, expensive litigation, and the risk of subsequential damages through public awareness.
That’s where Lux Mediation comes in.
We carry out private and confidential talks in a controlled environment, to find a solution that works for everyone, without the need to go to court.
Getting you over the line.
Settlement in days or weeks – not months or years.
Most mediations take only days or weeks from commencement of the mediation to
Whether it takes a week or
Agreements that are reached by all parties through our motorsport mediation process are confidential and legally binding
Our founder Jonathan Lux is a high-profile and highly regarded
international mediator with over 40 years’ experience in dispute resolution. Jonathan is also fluent in French and German which may of course assist depending upon the nationalities of the parties involved. Jonathan has handled cases involving a wide range of motorsport disputes.
A case study from our founder:
“Just one example involved a supercar crashed by a former F1 driver. The owner of an ultra-precious supercar loaned it to a former F1
star who then crashed it during a race. The F1 star blamed the car and the owner blamed the driver for being out of practice and no longer competent to race. A one-day mediation hearing ultimately served to avoid the very considerable cost of a fully contested court case.”
A discussion around who should be appointed takes place and a mediator who is
The mediator will usually meet each party separately exploring the issues in private sessions and
When agreement by the parties is reached, a written and binding settlement agreement is drawn up and signed to ensure their agreement will be enforceable, if that becomes necessary.
Mediation is promoted throughout the UK and by many other national governments, the European Parliament and courts internationally as mediation
Fast and Global
You Are in control
Very Cost Effective
Motorsport is an international business and we have dealt with many clients within the UK and from around the world with the mediations taking place in whatever may be the most convenient location for the parties.
If you have a motorsport dispute that you are looking to resolve, please contact us.
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