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. 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.
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.
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.
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.
If you require any more information regarding our Civil and Commercial mediation service, please do not hesitate to contact our professional family mediators. Please feel free to call us at one of our five offices at Mansfield (01623 706020), Nottingham (0115 7043388), Derby (01332 372311), Chesterfield (01246 386322) and Matlock (01246 386322). You can also email us on firstname.lastname@example.org.