Commercial Mediation

Types of commercial mediation

• Contract disputes
• Partnership or shareholder disputes
• Commercial property issues
• Supply chain and payment disagreements
• Intellectual property and licensing conflicts
• Succession planning

How does commercial mediation work?

Commercial mediation is a structured yet flexible process designed to help businesses resolve disputes efficiently, and confidentially, without going to court. From contract issues to partnership breakdowns, the process provides a neutral space where parties can work toward a mutually acceptable solution, facilitated by an experienced and neutral mediator.

The Process

Step 1. Agree to Mediate and Appointment of a Mediator

The process begins when both parties, having acknowledged that a conflict exists, agree to use mediation to resolve it. A qualified and impartial commercial mediator is appointed.

Step 2. Pre-Mediation Meetings

As a first step, the mediator may hold private, confidential meetings, either in person or remotely  either by phone or on line, with each party. The Parties may also submit position statements or documentation to the mediator in advance.

Step 3.  Joint Mediation Session

The joint session is the heart of the mediation process. Held either in person or online, it allows each party to outline the key issues and the impact of the dispute. The mediator guides the conversation, manages any tension, and helps parties focus on practical outcomes rather than blame.

If required to positively progress the mediation, the Mediator may facilitate private

Step 4. Reaching a Settlement

If agreement is reached, the outcome is recorded in a written settlement agreement, which can be made legally binding if desired. Many commercial mediations conclude in a single day, significantly reducing the cost, time, and disruption of a prolonged legal dispute.

Step 5. Mediation Agreement

The Mediator will document the Mediation Agreement for the Parties to sign. They and advise the Parties to seek legal advice before doing so, especially if the document is to become a legally binding document.

Benefits of Commercial Mediation

The key benefits that make Commercial Mediation particularly valuable in commercial settings are:

• Cost-Effective
• Time Efficient
• Preservation of Business Relationships
• Confidential
• Control Over the Outcome
• Flexibility and creative solutions
• High Success Rates
• Voluntary and empowering

For more information on the benefits of Commercial Mediation, see our article HERE.

Frequently Asked Questions

Here are some of the more popular questions we get asked about commercial mediation:

Is an agreement reached through mediation legally binding?

Yes, under Section 11 of the 2017 Mediation Act, a signed Mediation Agreement, unless specifically deemed otherwise,  is legally binding and can, if required, be enforced by the Courts.

How is mediation different to Litigation?

Litigation is an adversarial process where the Court decides the outcome of the dispute based on evidence presented by the Parties involved. Litigation is a formal, public process that can take a significant amount of time to conclude.

Mediation, on the other hand, is a voluntary process where the Parties involved in the dispute are in control of the outcome. It is a confidential process that can be concluded in a short space of time and as such is a cost effective route to dispute resolution.

Who chooses the Mediator?

Once there is an agreement to mediate, one or other party may refer a mediator, who both parties subsequently must agree on.