We offer the services of an insured, fully qualified Civil & Commercial Solicitor-Mediator to Businesses, Companies, Partnerships and Employers in all Civil and Commercial disputes. We can also provide the services of a Mediator for Mediated Partnership and Board meetings. Mediation can take place at our offices or yours.

Commercial Mediation can be used to settle disputes in any commercial relationship and in a wide range of situations both as a preventative measure to stop problems escalating and as a means of solving the problem itself.

In commercial disputes where court proceedings are already underway Mediation often takes place with the full involvement of the parties' legal representatives and can be effective in resolving issues, reducing legal costs and short circuiting the court procedure. If a solution can be agreed during court proceedings it can be made into a final ‘Tomlin’ order by the court. This will usually settle the proceedings without further cost and the agreement can be implemented.

Mediation will often result in the agreement of some if not all aspects of the dispute, narrowing the issues, which in turn simplifies the procedure and can reduce costs.

If Mediation does not resolve all the issues the court proceedings can simply continue and the judge decide the outcome of those issues still in dispute.

Pre-litigation Mediation in which a fully accredited Solicitor-Mediator helps parties to achieve a mutually acceptable solution to their dispute prior to the issue of court proceedings has many advantages.

Mediation can enable foundering business relationships to continue without litigation which inevitably costs more and more often than not irreparably damages business relationships. Mediation at an early stage can prevent or alleviate the catastrophic financial and personal effect that a courtroom battle often has upon a Partnership, Commercial Enterprise or Family Business encountering difficulties. A successful Mediation offers rich rewards not only in saving significant costs but in preserving or restoring business relationships and preserving, saving or even improving the business itself.

The above fees are inclusive of up to 4 hours preparation time and drafting the final Mediation Agreement.

The Mediation Process

The aim of Mediation is to help the parties achieve a negotiated settlement by making their own decisions regarding the resolution of all disputed issues. Mediation may relate to all or any part of a civil or commercial dispute. Decisions reached at mediation are formulated and signed by the parties as one of the following:

• non-binding agreement
• binding agreement in writing enforceable by a court
• binding agreement enshrined in a court or arbitration order

Civil and Commercial mediation is a process by which two or more parties in dispute whether legally represented or not agree to the appointment of an independent, impartial Mediator with no authority to decide their issues for them but who will help them reach their own decisions by negotiation.

The Mediator may hold round the table sessions with the parties alone or with their legal representatives and experts either present or “on call” or hold private sessions with one Party at a time.

Relevant disclosure is usually provided in advance of the Mediation and information provided in advance of and during the mediation process is “without prejudice” and inadmissible in any litigation or arbitration proceedings relating to the dispute. Information imparted to the Mediator by one party during individual sessions remains confidential unless the Mediator is specifically authorised by the imparting party to disclose it or it is publicly available.

As and when matters are agreed and the mediation concluded the Mediator will assist in drafting a formal Agreement document to be signed by the parties.