Commercial and Civil Mediation
Mediation is a way of resolving business disputes, whether the dispute is between businesses or between a business and a customer.
What is Commercial and Civil Mediation?
The Mediator acts as a neutral person who will speak with both sides of the dispute with the aim of trying to resolve the issues and get those involved to reach an agreement on a way forward.
How the process works.
The mediation will be booked for a half-day or a full-day at a venue agreed by the parties. In advance the parties are invited to send any papers or documents to the Mediator that they would like the Mediator to see.
On the day each party will be given their own room (even if the Mediation is taking place via video conferencing) and the Mediator will speak to the parties separately with absolute confidentiality. During the course of the day the Mediator will continue the discussions with all parties, possibly bringing them together for a joint discussion if the Mediator considers it beneficial, with a view to narrowing down the issues and exploring if an agreement is possible. If an agreement is possible it should be put into written and signed by all parties to give it binding legal effect.
When to use Commercial and Civil Mediation?
Mediation can take place at any time from when a dispute if first identified to immediately prior to Trial.
There is an expectation now from the Court’s that the parties consider Alternative Dispute Resolution (ADR) which includes Mediation. More specifically it should be considered as part of the Pre-Action Protocol and the parties are expecting to state whether they wish to explore resolution when they file their Directions Questionnaires after the claim has been Issued and Defended.
Why use a Commercial and Civil Mediation Service?
Mediation is proven to resolve disputes in one day. The Court process can take years and involve spending tens or hundreds of thousands of pounds. It takes away the win / lose element where you may be risking everything to succeed as it lets the parties try to reach agree on their own terms.
Get in Touch
If you have a question, want to book an appointment or want to find out how we work, fill in the form below and we will reply to you as soon as we can.
Alternatively, email mark@solvemediation.co.uk