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What is commercial mediation?

Commercial mediation is a form of alternative dispute resolution (ADR) where a neutral third party, the mediator, assists parties in resolving disputes. It involves a facilitated series of private meetings and then management of a negotiation process aimed at reaching a resolution.

Commercial mediation FAQs

How does commercial mediation differ from litigation?

Unlike litigation, which involves a formal court process, commercial mediation is a voluntary and confidential process. Parties retain control over the outcome and work together with the mediator to find a solution that meets their interests. It is often quicker, less expensive, and more flexible than going to court.

Who typically participates in commercial mediation?

Parties involved in commercial disputes, such as businesses, individuals, or organisations, participate in commercial mediation. They may be represented by lawyers or attend sessions themselves, depending on the complexity of the dispute and their preferences.

What types of commercial disputes can be mediated?

Commercial mediation can be used to resolve a wide range of disputes, including contract disputes, partnership disagreements, intellectual property conflicts, employment disputes, construction disputes, insurance disputes, personal injury disputes and many, many other forms of disputes.

How long does commercial 
mediation take?

The duration of commercial mediation varies depending on the complexity of the dispute and the willingness of the parties to cooperate. The majority of disputes are resolved on the day of mediation, or very shortly afterwards.

What is the role of the mediator in commercial mediation?

The mediator facilitates communication between the parties, helps them identify their interests and concerns, and assists them in generating options for resolution. The mediator does not impose a decision but instead helps the parties reach a mutually acceptable agreement that provides a better outcome than litigation.

Is commercial mediation legally binding?

The agreement reached through commercial mediation can be legally binding if the parties choose to formalise it into a legally enforceable contract. However, the process itself is non-binding, and parties are not obligated to reach an agreement.

How much does commercial mediation cost?

The cost of commercial mediation can vary depending, primarily on the complexity of the dispute and thus the time needed to resolve it. Our fees are are tailored to your dispute and always aim to ensure that a successful mediation is a more cost efficient solution when compared to a legal resolution. Remember, each party only pays 50% of the overall fee.

Is commercial mediation confidential?

Yes, commercial mediation is confidential. Discussions, documents, and information shared during the mediation process cannot be disclosed outside of the mediation without the parties' consent. This confidentiality encourages open and honest communication.

Can parties still go to court if mediation is unsuccessful?

Yes, parties can pursue litigation if mediation is unsuccessful or if they are unable to reach a satisfactory agreement. However, any communications made during the mediation process are typically protected from being used as evidence in court proceedings.

More questions?

If these FAQs haven't answered your questions, just get in touch and I will be happy to help.

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