Mediation - Commercial Mediation

Commercial mediation is an alternative resolution dispute that can help avoid litigation. Commercial mediation is designed to address the main issues of a dispute in order to reach a commercially practical solution. Mediators that are specialise in commercial mediation are fully trained and are qualified to understand that many individuals and companies dispute resolutions can be a difficult and damaging process. The costs that occur by trying to manage the dispute can often be hugely devastating to the business and waste time.

Commercial mediation is a process in which a mediator is appointed as a professional, neutral, third party, whose main role is to provide structure into the resolution of the dispute. The outcome would involve a constructive and positive negotiation or that would conclude with an agreement. The final decision to settle and terms of the settlement will be completely up to the parties involved in the case.

Commercial disputes that are appropriate for commercial mediation would usually involve situations where a party has suffered a loss due many number of reasons, these could include; a breach of contract; a business partner who wants to leave the company; a supplier, customer, client, or contractorthat refuses to pay or supply goods to a party. Sometimes the disputes may not even involve much money.

There are many ways in which you can handle any commercial dispute, these are by; negotiation, arbitration, litigation, capitulation or mediation. Mediation is seen as the most cost effective alternative dispute resolution process and it allows a party to be directly involved in a claim. Each party will prepare their case summarising their side for the mediator to listen too. Both parties will agree on a date and venue for the mediation to take place. At the mediation each party will be able to state their case with the main aim that both parties will try to find a workable agreement. When a settlement is reached the mediator will work together with both parties to produce a written agreement which they will both sign in order to make it a legally binding agreement. The mediation process is completely confidential which means that it will be out of the public eye.

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