What Is Mediation?

Mediation is a form of alternative dispute resolution that enables parties to resolve their disputes outside the courtroom in a confidential and collaborative environment.

In mediation, parties discuss their dispute with the assistance of a specially trained neutral third party —the mediator. The mediator facilitates productive dialogue and helps the parties explore options to reach a mutually acceptable resolution. Unlike litigation or arbitration, the mediator does not impose a decision but rather guides the parties toward a solution that addresses their underlying interests and business needs.

Mediation agreements, once finalized, are typically formalized as binding settlement contracts.

Benefits of Mediation

Mediation offers significant advantages over litigation and arbitration:

Cost and Time Efficiency

Mediation is generally faster and less expensive than litigation or arbitration, allowing parties to resolve disputes without the delays and costs associated with formal court proceedings or lengthy arbitration hearings.

Party Control and Flexibility

Unlike litigation or arbitration where a judge or arbitrator imposes a decision, mediation allows parties to retain full control over the outcome. Parties actively participate in crafting settlement terms tailored to their specific needs and business objectives, often resulting in more creative and mutually beneficial solutions.

Confidentiality

Mediation proceedings are entirely confidential, with no public record. This protects sensitive business information, preserves reputations, and allows parties to negotiate candidly without fear that their statements will be used against them later.

Relationship Preservation

The collaborative nature of mediation helps preserve business relationships that might otherwise be irreparably damaged through adversarial litigation. This is particularly valuable for parties with ongoing commercial relationships, such as joint ventures, long-term supply agreements, or partnerships.

Business-Focused Solutions

Mediation enables parties to reach solutions that address commercial realities and business interests beyond what courts can order. Parties can structure creative resolutions involving future business dealings, modified contract terms, or other arrangements that litigation cannot provide.

Marina’s Mediation Practice

Marina is expanding her dispute resolution practice to include commercial mediation, offering a cost-effective alternative to arbitration and litigation. Her approach combines deep negotiation experience, cross-cultural fluency, and commercial sophistication developed over 17 years of international practice.

Mediation Approach

Marina provides a neutral and impartial platform where all parties can express their concerns and interests in a confidential setting. Her mediation practice creates a safe space where all voices are heard, emphasizes sustainable business-first solutions aligned with parties’ long-term goals, and prioritizes relationship preservation. She brings cultural intelligence to bridge different negotiation styles and business expectations across North America, Europe, and Eurasia.

Extensive Negotiation Background

Marina has extensive experience structuring and negotiating settlement agreements and coordinating cross-jurisdictional negotiations across various contexts, both during her tenure at Cleary Gottlieb and in her independent practice. This background provides Marina with key insights into what drives settlement, how to identify creative solutions addressing underlying business interests, and how to bridge seemingly irreconcilable positions.

Cross-Cultural Expertise

Native fluency in Russian and professional fluency in English, combined with having lived and worked across Toronto, New York, London, and Moscow, positions Marina as a natural bridge between Western and CIS business cultures. Her advanced training in negotiations and alternative dispute resolution from NYU School of Law provides her with a deep understanding of how cultural factors impact dispute resolution dynamics.

Commercial Understanding

With 17+ years navigating complex international disputes as both counsel and arbitrator, Marina brings intimate knowledge of energy, infrastructure, and cross-border transactions. Her experience from both party and neutral perspectives enables her to assess litigation risks and alternatives with precision.

Who Benefits from Marina’s Mediation Services

Marina’s mediation practice serves small and medium-sized businesses, large organizations, and international companies navigating commercial disputes, with particular expertise in disputes with Russian or CIS counterparties.

She is well-positioned to mediate disputes involving energy and natural resources partnerships, cross-border commercial contracts, infrastructure and construction projects, and joint venture disputes.

Why Choose Marina as Your Mediator

Marina brings extensive real-world negotiation experience in complex disputes and can assess litigation and arbitration risks with precision, drawing on her experience as both counsel and an arbitrator.

She understands each party’s true alternatives and leverage points and identifies creative solutions based on her deep understanding of business reality. In her mediation practice, Marina recognizes and addresses cultural factors that may impede settlement and efficiently resolves negotiation impasses.

Interested In Mediation Services?

Marina offers preliminary consultations to assess whether mediation is appropriate for your dispute and, if so, what approach is most likely to succeed given the specific dynamics of your case.

Mediator services are provided through AksConsult, Marina's specialized dispute resolution practice. For mediation appointments and inquiries visit aksresolution.com/mediation