Black swan events such as September 11, 2001 or Covid 19 events in 2019 are unpredictable. It happens irregularly and so we need to find a way to adapt to their existence. In particular, the ability to improve adversity is not only an antidote to the black swan event, but also helps us to accept the social transformation role of these events. Although these changes are only subtle, they are quietly bringing new realities in the multifaceted way of operating society.
"In the long run, things that are not the most vulnerable can fail." To be able to improve adversity, being strong is not enough. "Needing perfect strength so that a crack doesn’t lead to systemic collapse", knowing that perfect strength is impossible to achieve, we need a mechanism to heal wounds, that is cooperation.
Disputes arising in commercial business relations can be considered as "black swan" because it is an extraordinary event and can change the situation of the existing business relationships. If the dispute comes to an agreement of mutual agreement, it not only holds but also enhances the partnership by trust.
Cooperation is the ability to improve the adversity of commercial mediation in pushing back the dispute. The cooperation between the mediator and the parties, between the parties. The friendliness of mediation will ease the mentality of "neither side yielding to either". The friendliness of mediation is not merely about the accessibility and implementation of the procedure but also the manner in which mediation operates. Because mediation is a special method of paying attention to factors such as emotions and positions of the parties in the dispute. Mediation can be considered a remedy to relieve tensions and relieve the deadlock. The mediators at this time are “the physicians”, not only "healing the dispute" by specialization but also by the responsibility entrusted with a happy ending for the parties to maintain a sustainable business relationship. When disputes happen, it’s not time to blame but it’s time to put doubts and victories aside and focus on the common goal – lock these conflicts up.
Behind the ability to improve adversity of VICMC is the efforts of VICMC members (including members of the Executive Board, the Secretariat, the Conciliators) through internal interaction activities through Online seminar, professional discussion groups in the goal of providing support and the ability to improve adversity for businesses experiencing black swan event. It is the companion of a series of legal articles due to Covid 19’s influence right in the middle of the epidemic period:
- Covid-19: A legal story of force majeure, hardship and the use of commercial mediation
- Covid 19 – Business lease contract and commercial mediation
- Legal consequences of not signing for performing bidding contract
- The influence of Covid-19 on construction contracts: what is the solution?