Customs specialist attorney, what should I do if I don't like the trade dispute mediation proposal?

Hello. This is the customs specialist attorney at Daeryun Law Firm.

You are in a situation where you have gone through mediation proceedings in a trade dispute but do not like the mediation proposal.

When you do not like the mediation proposal in a trade dispute or feel you have received an unfavorable decision, there are several response methods.

First, the important point is that mediation is a procedure to help both parties reach an agreement, but its result is not legally enforceable.

If you decide not to follow the mediation proposal, no legal sanction follows by itself.

Since the mediation result is based on agreement between the parties, if one side does not want the agreement or feels it is unfavorable, the mediation proposal does not have legal effect.

In other words, you do not need to follow it forcibly.

After rejecting the mediation proposal, there is a high possibility that lawsuit proceedings will follow. Mediation is a quick and cost-effective way to resolve disputes, but if rejected, it proceeds to legal procedures such as lawsuits, which may take more time and cost.

Also, when a lawsuit proceeds, the result is difficult to predict, and there is a risk that the court may render a judgment more unfavorable than the mediation proposal.

In particular, disputes occurring in international trade can be more complex because the laws of various countries and international law are intertwined.

If the mediation proposal is judged to be too unfavorable, you can check whether additional negotiation or modification is possible before accepting the mediation proposal.

For example, you can request renegotiation of some matters in the mediation proposal from the other party, or request remediation from a neutral third party such as the Korean Commercial Arbitration Board.

The customs specialist attorney prioritizes the client's interests and assists by preparing response strategies suitable for the client's case, such as settlement representation and mediation representation.