Commercial mediation is an effective method of dispute resolution which enables the parties involved to reach a commercially agreed solution to their problem.
Our mediators understand the disruption that conflict in the commercial arena can cause and are specially trained to help address the real issues behind the dispute and help facilitate an agreed resolution. The mediator works with both parties in order to gain an understanding of their respective desires and it is the parties themselves who decide whether to settle and on what terms.
Most commercial mediations are resolved within a day meaning that the process is significantly quicker, cheaper and less stressful than court proceedings, features that are highly important particularly in today's economic climate.
Mediation can be used in almost any kind of dispute except cases where there are allegations of fraud or criminal conduct.
These could include:
- Commercial contracts
- Building and Construction
- Boundary and neighbour disputes
- Commercial Property disputes between Landlord & Tenant such as Rent Reviews, Dilapidations, or disputes in the terms of a new or existing lease
- Partnership and Shareholder disputes
- Professional negligence
Commercial Mediation is about:
- negotiating the best possible commercial settlement on the day
- having the opportunity to be told and investigate the strengths and weaknesses of your opponents case
- having someone review the strengths and merits of your own case
- being able to understand the risks that you face if the matter proceeds to litigation
- taking important decisions in a relaxed environment and taking a pragmatic view in the round
- enables you to maintain a balanced view of all parties' positions
- facilitating a settlement that is acceptable to all parties
Commercial Mediation is not about:
- providing a forum for a judge to make a decision
- threatening the other party and trying to intimidate them into accepting a settlement where you win on all fronts
- reaching agreement on all issues and dealing with all the finer detail
- doing no preparation and just turning up on the day
The commercial mediator's role
• to manage the process during the day
• to ensure that the parties understand the factual matrix to the dispute
• to make the parties realise the strengths and weaknesses of their case
• to provide an atmosphere in which the parties can consider the merits of their case, the risks of the litigation and form a balanced view on an appropriate settlement
• to create positivity for the parties where rather than looking back and focusing on the problems, they look forward and focus on the solutions
• to think laterally and to encourage the parties to think laterally to reach a solution
• to create and develop solutions to break the deadlock
• to facilitate a settlement