MediMARE GAMES - Ship's Deviation
MediMARE GAMES are a series of games related to the project's main issues in order to promote the knowledge and reflection about maritime disputes and mediation.
Ship's Deviation
In this game,the player will be able to think about Deviation
Deviation is when a ship changes its route due to justifiable causes, such as saving lives, supporting another ship in danger or without justifiable cause. Deviation may lead to a delay in the contract deadlines. Unjustified deviation is a fundamental breach of contract and the charterer has the right to elect to terminate the contract.
Well, maybe that is not the best idea! If both parties sign a contract with a mediation clause, they have to attempt mediation, unless both parties decide, at their free will, to change their obligation regarding the mediation clause.
Let ́s understand what are the advantages of choosing mediation over arbitration for you to decide whether you want to move on with arbitration or not.
Mediation is cheaper, faster and less bureaucratic than arbitration. Arbitration procedures may take a long time to be decided and can be very expensive. Also, there is the matter of discussing the appropriate rules to be applied to each dispute and the fact that the decision is taken by a third party. Mediation procedures are decided by the Parties (though “guided” by the Mediator, who supports them during the process), that also decide upon the normative framing of the solution of the dispute. This mechanism usually restores and maintains the parties’ commercial relationships, as they talk during the process of solving their controversy.