Civil & Commercial Mediation
Civil and commercial mediation is different to family mediation, as it is aims to resolve any disputes that are between two or more parties. What makes civil mediation different is it deals with all types of disputes (apart from family matters) unless there are particular circumstances.
What is Civil/Commercial Mediation?
A. Mediation is a non-biased, less stressful form of resolving disputes. It is quicker than taking a case to court and is also usually cheaper than court. The parties remain in control of the mediation process and neither party is forced in to anything they don’t want to be in.
Why Mediate instead of going to court?
When mediating, you remain in control of the process and you can reach an agreement based on the interests of the party.
When going to Court to resolve an issue the courts will make a judgement based on points of law and the interests of each party may not be taken into account.
Where the courts feel mediation should be considered and one party unreasonably refused, the courts keep this in mind when making their judgement.
Who or what is a Civil Commercial Mediator?
A commercial mediator is an impartial, independent party who can address the issues of both sides and can use this information to identify where an agreement may be forged. Our mediators are specially trained to help you reach an amicable solution.
How can a Civil Commercial Mediator help?
As an impartial party who is specially trained, mediators help parties set out what they need to discuss. They then help the parties discuss their options and find the best solution.
The Mediator provides information impartially to the parties and records the solutions the parties reach.
What are the benefits of Civil Mediation?
- The Parties control all aspects of the case, from deciding to mediate to the outcome.
- Mediation takes place in private, and the outcome remains confidential
- Disputes can be resolved much quicker than resorting to the courts. Often within a matter of weeks.
- Costs are reduced
- Relationships between the parties can be considered and preserved
- Disputes can be resolved by taking into account interests rather than just legal rights
- It is a successful form of resolving disputes.
How long does Commercial Mediation take?
Civil mediation usually takes place over a day in which a resolution must be agreed upon at the end of that day and a binding agreement is produced as a result of the process. It also depends on the complexity of the case and on the parties and their willingness to reach an agreement.
A court will make a judgement based on financial compensation or legal principles, however mediation settlements need not be founded solely on legal rules and consequently it could be possible to have an apology, a structured payment or perhaps a re-negotiation of an agreement as part of the mediation settlement.
How much Commercial Mediation does it cost?
This depends on each case, but before you commit to mediation you will be told the cost of mediating your case. The costs are often split between the parties.
Where can we mediate?
Civil and Commercial Mediation can include:
- Inheritance disputes
- Elder mediation and disputes regarding arrangements between family members
- Disputes involving animals (canine and equine issues)
- Property disputes
- Landlord and tenant disagreements
- Boundary issues between neighbours or landowners or users
- Partnership dissolutions and creations
- Family business structuring
- Exit agreements
Under the Civil Procedure Rules the Courts require parties to have actively engaged in other forms of dispute resolution BEFORE proceeding to issue Court Proceedings.
This is often referred to as the Pre Action Protocol and can be seen in the Civil Practice Rules.
There are penalties for non-compliance CPR 3.1(4) to (6) and the Court has the ability to order costs CPR 44.3(5)(a).
Mediation may help resolve or reduce the issues in dispute. It is quicker than engaging in litigation and less expensive.
When isn’t Civil and Commercial Mediation suitable?
As general guidance, there are some circumstances when mediation from the outset may not be suitable. These are:
- When a point on law needs deciding on by a court and a binding precedent would be useful.
- Where injunctive relief is necessary to protect one party.
- One or both parties are not willing to mediate/ negotiate
- The dispute may be incapable of being negotiated.
- There may be extreme conflict and an imbalance of power between the parties which the mediator cannot redress.
- Where one or both parties feel coerced to attend.
- Where mediation has already been fully attempted.
- Where either partner demonstrates a lack of commitment.
- Where either is quite unable to accept the situation or is unable to negotiate.
Contact our Civil Mediation Specialists
Our Civil and Commercial Mediators are specially trained to resolve disputes and are impartial individuals that can help the parties to reach a resolution on which they are happy with. You remain in control during mediation and the mediator will not force any agreement on you.
If you require any more information regarding our Civil and Commercial mediation service, please do not hesitate to contact our professional family mediators, by phone, email or simply fill in our contact form.