Commercial mediation
Commercial and civil mediation, arranged properly
A confidential, without prejudice process in which an independent mediator helps the parties negotiate their own settlement — usually in a single day, at a fraction of the cost of trial.
Who we act for
We are instructed by solicitors and counsel, insurers and claims handlers, businesses of every size, SMEs, charities, public bodies and private individuals. Many mediations are arranged jointly by the parties' legal advisers; we are equally comfortable dealing with unrepresented parties, provided both sides understand the process.
When to mediate
Mediation can take place at any stage: before proceedings, after the exchange of pleadings, following disclosure, or on the eve of trial. The best moment is usually when each side knows enough about the other's case to make an informed decision — but before costs have become an obstacle to settlement.
The courts now expect parties to engage in non-court dispute resolution and can order them to do so. An unreasonable refusal to mediate carries real costs consequences.
What happens on the day
The mediator reads the papers in advance and speaks to each party beforehand. The day usually begins with a short joint meeting, followed by private, confidential sessions in which the mediator explores each side's interests, tests their case and carries proposals between the rooms. Nothing is disclosed without permission.
If terms are agreed, they are recorded in a written settlement agreement signed before the parties leave. Until that point, everything is without prejudice and non-binding.
The advantages
Why commercial parties mediate
Cost and certainty
A mediated settlement removes the risk of an adverse judgment and the escalating costs of preparing for trial.
Speed
Mediations can be arranged within days or weeks, rather than waiting many months for a trial window.
Confidentiality
The process, the discussions and usually the terms remain private — important where reputation or commercially sensitive information is involved.
Control
The parties decide the outcome. A court can only award money; a settlement can include apologies, future work, references and revised terms.
Relationships
Trading, professional and family relationships can often be preserved, or ended with dignity.
Costs protection
Engaging constructively in mediation protects a party's position on costs if the case does proceed.
Commercial areas we cover
“Peter is an excellent mediator… I would not hesitate to recommend him.”
Consumer complaint?
Complaints against a trader, insurer or service provider under an approved Consumer Alternative Dispute Resolution (ADR) scheme are handled by our separate Consumer ADR service.
Visit Consumer ADRReady to resolve your dispute?
Our experienced mediators help businesses and individuals resolve disputes quickly, confidentially and cost-effectively.