What is Commercial Mediation?

Commercial mediation is a flexible, voluntary and confidential form of alternative dispute resolution. A neutral third party mediator assists parties to work towards a negotiated settlement of their dispute. The overriding purpose is to reach an early lasting settlement, avoiding the time, cost and general disruption that tends to be caused in conventional court proceedings. During the mediation the parties retain control of the decision made, whether or not to settle and on what terms. Unlike a judge or arbitrator, the mediator will not decide the case or the outcome, but will work to facilitate agreement and discussion between the parties. It is the parties who decide what happens and the parties opinions which matter, not the mediators. The role of the Mediator is not to make any determination of conflicting evidence or of legal principles, but is purely facilitative to put in place a structure to help the parties work towards a settlement.

The Commercial Mediation process is confidential and "without prejudice". This means that what is said or written cannot be used in later proceedings if the mediation does not settle. The confidentiality of the process can avoid embarrassing precedents being set, as might happen in court proceedings.

The parties themselves attend the mediation, except in unusual circumstances. The parties can be accompanied by their legal representatives. In the case of a party that is a company or other association, its representative will need to have authority to reach a binding settlement at the mediation.

Commercial mediation provides a private setting whereby parties can gain a better understanding of each other's positions and work together to explore options for resolution. During the mediation, the mediator meets privately with each party to discuss the problem confidentially. This allows each party to be open, honest and frank with the mediator and have a realistic look at their case in private. This discussion behind closed doors removes the fear that any weaknesses discussed will be communicated to other parties. Confidentiality is maintained throughout, which means that the dissemination of any commercially sensitive material (including the terms of settlement itself) can be controlled. The Mediator is responsible for setting the process during the mediation. This is designed to encourage the parties to examine the wider range of issues beyond pure legal arguments, to prioritise between the issues and to create solutions that are workable. This process helps to gain a helicopter view of the issues and help reach a resolution. The Mediator can help to change the dynamics and overcome deadlock for instance through discussion and brainstorming of options.

Commercial mediation can be used in almost any kind of case, for example, commercial contract, computer/IT, professional negligence, property disputes, construction, consumer/fair trading, insurance, personal injury, planning (and other disputes with government departments) and inheritance/probate disputes

How does mediation differ from going to court?

Mediation differs from going to court because it’s the role of the mediator to facilitate an amicable settlement between the parties involved. If the parties cannot agree, the dispute would remain unsettled. Taking the matter to court would mean that one or both parties would receive a resolution imposed upon them by a Court or tribunal.

Why is mediation necessary?

With the best will in the world, sometimes people just don’t get on. We are all individuals made up of bespoke behaviour, opinions and desires and as a result, relationships can break down. When this happens, mediation provides the perfect circumstance for all parties involved to take control of the disagreement and actively work towards finding an agreed resolution.

Our services

The full range of our commercial mediation and civil mediation services in London includes:

​contractual mediation | corporate mediation shareholder mediation | commercial debt mediation | business strategy and management​mediation | costs mediation | insolvency mediation supplier mediation |partnership mediation |property mediation | medical negligence mediation | ESG Commercial, environmental and social government | mergers and acquisitions | construction, property and land | professional negligence | negotiated settlements

Family Succession

Mediation Services London has afamily succession serviceto help family businesses experiencing one or more of the following issues with their:​relationship failures, permanently broken relationships, aggressive acquisitions, buyouts, planning the future of the business, wealth succession.

Landlord and Tenant

When disagreements occur between landlords and tenants it's imperative that matters get resolved quickly. If you find yourself in the situation where you have tried having a conversation and given deadlines and warnings to get the matter resolved, it may be time to seek help from one of our landlord and tenant Mediators.

Wills and Probate

For some families, a death in the family can can be tarnished with arguments and disagreements about how the family estate should be divided.Resolving wills and probate disputes early can save you time and money as well as:​reaching an agreement in one day; arriving at a legally-bindingagreement and coming to an outcome that meetsthe needs of all parties.

Workplace Disputes

Our workplace mediation service for workplace disputes in London, meets the need of managers, HR professionals and solicitors.Some common workplace issues that Mediation Services London deal with include:​harassment, interpersonal conflict, bullying, communication problems, low motivation and job satisfaction, discrimination performance issues, grievance issues disciplinary, tribunal hearings.