Banking & Financial Services

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Banking & Financial Services

Banking and the financial sector generally generate more and more complaints. Whether the mediator is a lawyer, an insurance underwriter, or a banker ANM can help you to select the most appropriate mediator for the problem in hand. We are quite prepared to look outside our membership to London or abroad.

Financial Services & Mediation

Practices in borrowing, saving, investment, hedging and insurance can appear to be in a state of continuous change. Individuals, and financial and non-financial businesses, now have access to a range of products and services that embrace both traditional and newer, sometimes more complex, financial instruments. The financial sector has also been at the forefront in embracing new technologies and related business practices and revenue sources. Alongside many benefits such changes can also contribute to the incidence of differences between interested parties. Certain complaints or disputes are both eligible and suitable for resolution by public schemes such as that provided in the United Kingdom by the Financial Ombudsman Service. Mediation can be a highly effective solution for those that are not. This is particularly so when prognosis is made difficult by uncertainties over law and regulation, or the relative merits of complex or technical factual evidence. Success in a public court or tribunal does not always uphold business or personal reputations in the eyes of customers, counterparties, suppliers, or staff members. The private and flexible nature of mediation can help litigate the potential impacts of these less tangible risks as well as those such as costs that are more easily quantified. Mediation-based practices can also facilitate the smooth running of business processes. Examples include transactional negotiation, project management, complaints handling, and workplace issues internal to  organisations such as employment or inter-departmental relationships.

Financial Services

The ANM Financial Services Special Interest Group (FSSIG) provides a regional focal point for mediators with specialist sector knowledge and experience. Typically this stems from the provision of legal, accounting or other advisory services to the sector, or from executive and managerial roles within financial sector firms. Their collective experience includes domestic or cross border disputes: • Between financial sector firms and individual or business clients or other market counterparties • Relating to specific financial assets such as consumer finance, leasing, pensions, property, insurance, loans, currencies, quoted and unquoted shares, bonds, derivatives, and various structured investments • Involving family financial and property assets, such as marital separation, and inheritance, trust and probate • Concerning issues arising from financial sector partnerships or employment Please contact Anthony Glaister for regulatory insurance and banking related disputes.

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