Commercial Mediation
Mediation has proven to be a highly successful mechanism in alternative dispute resolution (ADR) in commercial situations whether it is a directors, creditors, shareholders, family business owners, individuals, or creditors disputes. In many cases, the Judges in legal disputes have referred cases to mediation as they are of the view that many cases should not be before them and they tend to adopt the attitude that the parties should try to resolve the dispute between themselves.
Commercial Mediation has the benefit of resolving issues swiftly, without adverse publicity, and thus protecting one’s reputation and their public image and all in a cost-effective manner. The process is future focus and can preserve relationships going forward.
Mediation offers a high degree of flexibility to the situation and can consider creative solutions that may not be available through the litigation route.
The reason is that disputants reach their own agreement and aims at preserving the relationship which in a commercial setting can be crucial to future success.
If mediation does not provide a satisfactory outcome, all of the other options for commercial dispute resolution remain open.
How the process works
The Mediation process allows all parties to be heard equally in an impartial and safe environment. It allows all issues that are relevant to the parties be discussed.
The process is voluntary and with the assistance of our mediators who will guide you through the process to reach a resolution that works for everyone involved.
Research has shown mediation to be successful in 80-90% of dispute resolution cases, and this is in the case of those referred by the courts.
It can be used in a variety of situations within the commercial environment, a few examples of which include.
Company Directors/Partnership disputes
Property/Landlord/Tenant disputes
Finance/ Banking disputes
Creditor and outstanding debt
Contract Disputes and issues relating to performance.
Family business disputes
The Mediators Role
The mediator remains impartial at all times The mediator maintains a neutral position and is highly skilled in helping the parties to identify their problems and ask questions whilst facilitating an open discussion to explore the options available to them.
It is not for the mediator to make decisions rather the mediator will guide you through the process whilst supporting both sides, identifying and exploring all the issues relevant to your unique situation.
The mediator will ensure all parties are kept fully informed on the decisions they are making and facilitates them to draw up their mediation agreement which is legally binding unless the parties choose otherwise.
The mediator will ensure all parties are fully informed on the decisions they are making and facilitates them to draw up their mediation agreement if required.
Benefits of Workplace Mediation
The benefits of Commercial mediation are many and varied depending on the situation, however the following are worth highlighting:
Cost Mediation is a very cost-effective method of dispute resolution.
Mediation saves time. It can be done swiftly and can often be completed in a day.
Mediation can save relationships, Beneficial when parties have to work together.
The process is totally confidential, Protects the privacy of the parties and the companies involved.
It is a non-judgmental process, The mediators allow all parties to participate fully.
Long-lasting resolution, as agreement arrived at by both parties coming together.
Success rate, Approximately 80 to 90% of all cases being successful.
Flexibility, Can adjust itself to the situation and consider creative solutions that may not be available through the litigation route.
Mutual Respect, The process relies on all parties being respectful to each other.
Future-focused, Whilst recognizing and discussing issues that happened in the past, mediation focuses on devising solutions going forward, and agreements reached are future-focused.
Control. Mediation gives the parties the control over their own outcome.
Mediation
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