When two or more parties are in dispute, mediation is an effective method to reach a resolution that enables everyone involved to move forward. Mediators are neutral, independent and qualified professionals whose role is to assist all the sides in negotiating a mutually agreeable settlement.
What is Civil and Commercial Mediation?
This video explains in simple terms the definition of Civil and Commercial Mediation, it's purpose, aims and outcomes.
Key Stage for Civil and Commercial Mediation
This second video explains the stages involved and how agreements can be reached.
Through mediation, disputes can be settled without the delay, stress and expense of going to court. No matter how complicated or bitterly fought the dispute, mediation can provide an effective solution. Civil and Commercial Mediation can be cost effective, informal and quick, with the possibility of mediations arranged in just a matter of days or weeks. This is because mediation enables parties to arrive at wider-ranging and more creative solutions than a Court process would allow.
In order to deliver the right mediation service, we focus on understanding the real issues behind the dispute, balancing emotional elements of the dispute with the practical and commercial realities. Our pragmatic and ‘common sense’ approach can help to preserve business and family relationships despite the existence of a protracted dispute. Using our skills and experience, we will work tirelessly with the parties to find a resolution everyone can live with.
Contract disputes
Landlord & Tenant disputes
Family businesses
Employment
Mediation is a voluntary process and the process is confidential to the parties involved. The participants make the decisions and it is important that participant involved in the process and attending the mediation have the relevant authority to settle the dispute.
If an agreement reached it is written down, signed by all parties and then it becomes a binding agreement. The process takes place over one day and representatives can be present.
All charges are on a fixed basis and there are no hidden charges. Mediation is a far most cost effective and timely method of resolving civil and commercial disputes than litigating through the Courts.
The Courts are actively encouraging parties to consider and engage in mediation. In addition, recent decisions of the higher Courts have made clear that there is an expectation on parties that alternative dispute resolution processes should be used prior to, and within, litigation proceedings.
If a party does not reasonably consider and attempt to settle matters then there may be cost consequences.
Mediation is a voluntary process and confidential to the parties involved
The participants make the decisions.
Participants involved in the process and attending the mediation have the relevant authority to settle the dispute.
If an agreement reached it is written down, signed by all parties and then it becomes a binding agreement.
The process takes place over one day and representatives can be present.
We accept referrals from parties in person and/or through legal representatives. However, as a first step it is important to explore and ensure that all parties to the process are willing.
Mediation cannot be compelled – it is a voluntary process. Once a referral is received, we have a telephone conversation with each party to ensure that everyone consents to being involved.
As you mediators, we request that we are provided with an agreed bundle of reading material/documents in advance of the mediation commencing. A date/time and venue is confirmed, and we send out our Agreement to Mediate.
We can then offer face to face mediation or on-line mediation and work flexibility to suit each situation.
It is very important that the parties attending the mediation have the necessary authority to settle the dispute. Each party is asked to sign an Agreement to Mediate in advance of the mediation. This is a document which sets out the mediation principles and it is essential as the contract for the process.
On the day of the mediation there is typically a short joint session. Before the mediation commences, the mediator checks that the Agreement to Mediate has been signed and introduces the parties. The mediator gives a short opening statement setting out grounds rules, principles and aims for the mediation.
The mediator then invites each party to provide their short opening statement and following that typically the parties separate into different rooms.
The mediator spends time with each party separately, helping them to explore options and possible settlement options. As the process continues the parties may come back into the same physical or virtual space. The aim of the mediation is to come up with a future focused solution to enable the dispute to be settlement. If an agreement is reached then that is written down and signed by all parties. At that point the agreement is binding.
The process of mediation is entirely Without Prejudice, i.e. confidential. Unless or until an agreement is reached, converted to written form and signed by all parties there is no open agreement. If an agreement is reached, however, and signed by all parties, at that point this does constitute a binding agreement.
As a mediator we cannot be called to give evidence in Court, our role is entirely impartial and without prejudice.
There is a further layer of confidentiality in Civil and Commercial Mediation which applies to discussions that take place in individual sessions.
When the parties have discussions with the mediator in the individual sessions the mediator holds that confidentiality, and only feeds back to the other party – either in the next individual meeting or the next joint meeting – what that party has expressly agreed can be fed back.
The benefit of this approach is that the parties can explore options freely with the mediator, who is uniquely placed to help the parties move towards settlement with full knowledge of all the facts.
