< Back to previous page

Commercial Mediation

Disputes are part of our everyday lives. It could be a business partnership that has faltered and you need some outside help to arrange an amicable and fair ending of the partnership. Alternatively it could be a commercial dispute between two trading parties.

Wherever there are disagreements either within a business or between businesses it is fairly easy for the situation to escalate into litigation. In certain situations litigation can make perfect sense and may be the only viable option but it does have its drawbacks, namely time and cost. Litigation also involves an element of risk as there is often a clear winner and a loser at the end of the process.

We believe that Commercial Mediation offers a quicker, cost effective and more discrete solution to commercial dispute resolution.

Our team of London Mediators is led by Roger Levitt one of the few practicing experienced commercial property solicitors with full senior mediation accreditation. Roger is a solicitor and consultant at Cubism Law and an accredited Commercial Mediator with Clerksroom and the Academy of Experts and is also a member of the Civil Mediation Council Communications Group.

Commercial Mediation Services for Dispute Resolution

There is an alternative way to resolve commercial disputes that is rapidly growing in popularity: Mediation, (One of the processes under the umbrella known as ADR, or Alternative Dispute Resolution).

Taking a non adversarial and less formal approach, Mediation Services are used by the parties who are in dispute to negotiate a workable agreement that avoids recourse to the Courts. Both sides gain by using a qualified, independent mediator to guide the whole settlement process forwards. The benefits of dispute resolution through mediation can often be significant, in financial and personal terms.

Mediation has the added advantage of being entirely private and confidential and will help clients avoid any unwelcome publicity. Settlement reached through mediation does not set a precedent for similar disputes in the future.

Many commercial disputes are now actively encouraged into the mediation process by the Courts. With experienced and qualified mediators on both sides, going to Court should be a last resort.
 

What happens on the day of the Commercial Mediation?

In a typical commercial dispute mediation, participants and their advisers will meet at a neutral location for the mediation, which often lasts only a day. For all sides involved, one person in attendance must have authority to represent and settle the matter in dispute.

Each participant will then have the opportunity to give an opening statement clarifying their view and position on the case. Each side will also state what they hope to achieve during the mediation. Participants are encouraged to do more than pay lip-service to the mediation process; If a solution is to be reached all participants should engage with an honest goal of settlement and knowing that each side will need to make significant concessions.

Mediators are highly skilled communicators and work to explore the dispute impartially, taking into account the participants objectives, and suggesting ways in which divergent views can be bridged. A mediator will not dictate settlement terms and cannot disclose to either participant “unauthorised” confidential information. They will however reach an understanding of the true feelings of the parties involved and identify areas of common ground that can be built upon.

If a resolution is reached, and in the majority of cases it is (Over 80% of our mediations have ended in settlement), the mediator will work with the participants and their advisors to create a binding legal agreement. If a resolution cannot be reached, and this happens very rarely, the mediator will clarify the points of difference and agreement as the basis for any further negotiation or action the participants wish to take.
 

Specialist areas of Dispute Resolution expertise include:

Commercial and Residential Property, Professional Partnerships, Construction, Landlord and Tenant, Franchising, Healthcare and Finance.

Useful articles and FAQs about Commercial Mediation

Commercial Mediation: The Basics:

Preparing for your Mediation:

Mediation Tactics:

Contact Us