Alternative Dispute Resolution - Commercial Mediation

Do you have a dispute or potential dispute with a supplier or customer or is someone making a claim against your assets?

• Could this turn nasty?
• Could it end up in court?

Most disputes have the capacity to be settled without the need to go to court which should be regarded as last resort.

What is the alternative? Commercial Mediation is an alternative but do not make the mistake that the term "commercial" means it is for business only - mediation is for virtually all types of dispute including disputes at domestic level, boundary disputes etc etc

"Commercial" in this context means that the aim is to arrive at a solution which is commercially viable and via means where the costs do not outweigh the benefits.

Commercial mediation is in the ascendancy. What is it and why?

Commercial mediation is a form of alternative dispute resolution

Why? Because the costs of proceeding to a full court trial are huge and, furthermore, the time and effort involved in taking matters to that extreme are considerable.

Why mediation?

• It is faster than going to court
• It is much less costly than going to court.
• It is a procedure carried out in co-operation and with a view to settlement.
• It is a non-adversarial process. You do not necessarily need a lawyer but it may still help!
• The decision of settlement is that of the parties.

What are the features of mediation?

The most important facet about mediation is that it is a voluntary process where those in dispute reach a mutually acceptable negotiated agreement. No one will impose a settlement against your will.

Other features include:

• Voluntary other than in most exceptional circumstances
• The proceedings are entirely confidential
• Everything which goes on is without prejudice to any subsequent proceedings unless a binding settlement is reached
• The mediator will endeavour to ensure that each party understands the case of the other side and that he himself clearly understands the cases of both sides
• Given that mediation will inevitably involve compromise the mediator will endeavour to identify appropriate areas to enable the parties to focus on those

And what of the mediator?

What qualities does he need? – The views of Adrian Leopard & Company:

• A mediator needs to be everyone's friend and secure the absolute confidence of the parties during the mediation proceedings
• The mediator must be neutral and independent and act as an “honest broker”
• There must be no conflict of interest
• He must be professional, competent and up to date in the process
• He must operate by a code of conduct
• The mediator makes no judgement in the dispute; he does not express any opinion as to an outcome and he does not act as adviser to either party other than in relation to furthering the negotiations
• He needs to make the parties feel comfortable
• He needs to get the parties to react together in a spirit of co-operation
• He needs to get the parties to recognise their own strengths and weaknesses
• A mediator needs to be an individual capable of lateral thinking

How does one find a commercial mediator?

This is where we can help.

Adrian Leopard & Company has been dealing with dispute resolution for its clients for many years so whether you need someone to act for you in a dispute or whether you need a mediator to assist in the resolution of a dispute you have with another party, we can help you.

To find out more about commercial mediation and various methods of dispute resolution, follow the link to our main site where you can read in greater detail about mediation services and other services which we are able to provide for you.

And it does not even matter where you are – we offer a country-wide service and we will come to you. Follow the link to read more and contact us

The ideal outcome for a mediation is for the parties to settle their dispute and walk away agreeing to do business again in the future. Pie in the sky? In fact, no! It can be done.

Our mediation services are available not only in Guernsey, Jersey and Alderney in the Channel Islands but throughout England and Wales in the UK. In particular we can offer a lower cost commercial mediation service in the counties of Worcestershire, Gloucestershire and Herefordshire.

When is the right time to mediate?

Simple - when the parties have a desire and are ready to settle the dispute.