Commercial mediation solicitors
What is mediation?
Mediation is a form of non-court-based dispute resolution where the parties to litigation meet with the intention of discussing a way to resolve their differences. The meeting is facilitated by an independent mediator. The mediator will have had special training to try and assist the parties, initially in trying to narrow the issues between them and will ultimately try and provide them with some assistance in the negotiations.
Unlike a judge or an arbitrator, a mediator does not pass judgment and does not take sides.
A mediator is engaged jointly by the parties to the dispute and so acts independently and impartially.
Why choose mediation for commercial disputes?
Mediation is a much less stressful and expensive process than litigation.
With mediation, the solution is driven by the parties and not by the process, meaning that any outcome is possible. For example, parties to a dispute might agree a new basis for moving their relationship forwards which is a remedy that a court could not grant.
Mediation is very effective; the vast majority of disputes referred for mediation settle either at the mediation or very shortly thereafter. This brings finality and certainty to the parties, and also avoids the need for litigation.
The courts very actively encourage mediation Parties can be punished in the form of costs orders if they unreasonably refuse to engage in the process, and in some circumstances the court can force litigants to mediate with each other. The judiciary’s approach to mediation means that it will become a core element of the dispute resolution process.
Preparing for mediation
At Clarke Willmott, we accept mediation appointments from solicitors, barristers, mediation houses, in house counsel and private individuals. Choosing the right mediator for your dispute is key; all of our mediators have a wealth of experience and expertise in the field. Up to date CV’s can be provided on request.
Once engaged, the mediator will aid your preparation by setting out what they need to assist for the mediation itself. Typically, this will involve some written statements setting out the party’s position and a small bundle of relevant papers.
As well as providing a mediator, we can also offer a neutral venue to host the mediation at any of our offices in Bristol, Taunton, Cardiff, Southampton, Manchester, Birmingham or London at no additional cost.
How our mediation services can help
We offer mediators that specialise in a wide range of business and property client law, such as:
