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Company/Commercial Disputes And Mediation

Mediation is a form of Alternative Dispute Resolution, and is an extremely effective way of resolving disputes that have arisen in a commercial setting.

What Is Mediation?

The process involves employing an expert solicitor who will act as an impartial and independent dispute mediator: he or she does not have the authority to make decisions on behalf of either party, but is there simply as a facilitator, to guide the proceedings and assist in conciliation.

The two disputing parties will meet in an agreeable location – usually somewhere neutral – and discuss their grievances in a constructive manner. After all the issues in question have been aired, the two conflicting sides will part into different rooms, where the mediator will communicate with them separately and try to build a resolution which is suitable to both parties.

It is a straightforward method of dealing with potentially destructive disagreements, and more and more people are choosing mediation over the option of litigation. Indeed, taking your commercial dispute to court can have many disadvantages, including:-

• Time – court proceedings can take a long time;
• Money – there is no certainty as to how much litigation will cost, and can potentially be very expensive;
• Loss of control over outcome or judgment – sometimes even if you win the case you can feel unhappy with the outcome, especially if all that is needed is an apology.
• Destructive – litigation will undoubtedly cause tension and deepen the wounds between the two conflicting parties, and can often put an end to the working relationship.

What Are The Advantages Of Mediation?

When it comes to deliberating an appropriate way of settling your commercial dispute, remember to bear the benefits of mediation in mind. There are 5 main advantages:-

1. Speed

One of the most obvious benefits of mediation is the speed at which a resolution can be made, and depending upon the case, a conclusion can be reached within a matter of days.

2. Cost certainty

Court costs can often spiral out of control. But when it comes to mediation, your solicitor will discuss with you the nature of the dispute before giving an approximate guide to expenses and funding options.

3. Confidential

Mediation maintains a code of confidentiality. This means that the matters discussed, along with any materials that might be used, cannot be disclosed should mediation fail to succeed and the dispute goes to court.

4. Structure

There is a certain structure to mediation that ensures both sides of the argument are fully and fairly heard. What’s more, the informal environment in which mediation takes place not only encourages face to face discussion, but also creates a relaxed environment in which an agreement is more likely to be reached.

5. Preserves Relationships

While mediation is designed to settle a specific dispute between two parties, what it can also do is help re-build a broken relationship. This is particularly important in business, where the break-down of a commercial partnership can have significant financial implications.

Summary

Whatever the nature of a commercial dispute, mediation offers a simple and cost-effective approach to resolution. It is best to tackle the issue before it escalates, so early expert legal advice can be vital.

Find Out More About Our Business Disputes and Mediation Services?

Please call us now on 0121 236 7388 or make a Quick Enquiry to find out more about how we can use our commercial experience to resolve your business dispute.