The Facts

The Facts

Commercial mediation is a flexible and cost effective way of solving almost any form of commercial dispute and can deliver results more attractive to the parties than going to court. It is fast. A typical commercial mediation lasts only a day; sometimes half a day is enough. It is confidential and, compared to litigation, inexpensive.

The parties control the outcome. They choose to be there, they have a chance to explain their point of view and it is their choice whether they settle and if so on what terms.

It delivers. More than 85% of our commercial mediations settle successfully on the day. Settlements reached by the parties in mediation are on terms that the parties have chosen to agree and can deliver solutions that are not always available from a court and which respect the parties' commercial interests, not just their legal rights.

How does mediation work?

How does mediation work?

Mediators facilitate negotiation. They do not take sides or tell the parties what to do. The parties remain in control.

Mediation also works because:-

Mediation is an amicable, informal way of meeting and deciding your options

What will actually happen in the mediation?

What will actually happen in the mediation?

There are different ways of mediating. Some people do not wish to meet at all and some wish to have a face to face discussion. Usually a substantial part of the mediation will take place with the parties in separate rooms, with the mediators going between them discussing the available options in confidence and helping to build a co-operative atmosphere in which a solution to the dispute can be found.

Mediations can take anything from half a day to a couple of days for difficult cases but the vast majority are completed within a single day. At the end of the mediation the parties agree with the mediator what the summary of the outcome will say, and with whom it will be shared. Both parties will sign it and their legal advisors will be able to take steps to terminate any litigation.

The mediator made what could have been an extremely difficult situation as good as I think it could have been

Will I need a solicitor if I mediate?

Will I need a solicitor if I mediate?

Although mediators can put your case within a legal framework, they do not and are not allowed to give you legal advice. It may be that the dispute is already in the hands of solicitors and litigation has started in which case solicitors will almost certainly be involved in the mediation. In any event you are encouraged to get advice from a solicitor so that you can make informed decisions. Your solicitor will give you an idea of the best and worst case scenarios were the matter to be dealt with by a Judge in court. Also, once you have reached a mediated settlement, you will probably want a solicitor to check your proposals and turn them into a binding agreement and will certainly do so if you want the agreement to be in the form of a directly enforceable court order.

Mediation is quicker, simpler, cheaper than purely using solicitors