Commercial mediation – a dispute between two organisations, or between a supplier and an individual customer, can often be resolved more quickly and with less confrontation with a mediator involved, rather than going straight to lawyers and the court process, which can quickly become confrontational, expensive and time consuming.
What is Mediation
Mediation is a voluntary informal process where both the parties have control over the outcome. Mediators are totally impartial which means that they will facilitate the mediation whilst maintaining a neutral role – neither party will be forced into an agreement.
The process is entirely confidential and so is the outcome, which can be drawn up as a legal document or remain as a signed up informal agreement.
Why Choose Mediation?
- Flexible – An appointment is arranged around the availability of the parties, this can take place over the telephone, Skype/Facetime or email.
- Voluntary – The parties have control over the process, rather than having a decision imposed on them by a court or arbitrator.
- Focus – The aim of mediation is to reach a binding settlement agreement between the parties, bringing the dispute to an end.
- Quick – Unlike litigation, mediation appointments can be arranged swiftly, providing both parties are available. Our process of allocating a mediator to your appointment ensures that there are no delays.
- Cost effective – Fees are significantly lower than the litigation process.
Commercial mediation is an effective method of resolving disputes between two or more parties. It usually takes place in a day and the objective is to reach a binding agreement on that day, so parties must have the authority to settle.
The Mediator acts as a neutral and independent professional (ADR qualified) to assist all sides in negotiating a mutually agreeable settlement. Commercial Mediation is much more cost-friendly and prevents all parties from going to court to settle a matter.
Most importantly, what happens in mediation stays in mediation! All negotiations are confidential, allowing the parties to openly consider their options moving forward.
MediationMK are on hand to offer advice and see that both your requirements and expectations are met in full. Whatever your requirements may be, we can provide speedy mediation assistance, where and when you need it. We can offer meetings via Skype or telephone so you don’t have to take any extra time out of your day.
Disputes in the workplace can be many and varied, whether it’s between employee and line manager, between employees, bullying, harassment, health and safety the list can be endless. While the HR department is there to try and assist and resolve such problems, the involvement of an independent and qualified mediator can add considerably to the chances of a successful resolution and avoid ACAS and the Tribunals
Mediators do not make judgments or determine outcomes – they ask questions that help to uncover underlying problems, assist the parties to understand the issues and help them to clarify the options for resolving their difference or dispute
The overriding aim of workplace mediation is to restore and maintain the employment relationship wherever possible. This means the focus is on working together to go forward, not determining who was right or wrong in the past. Many kinds of dispute can be mediated if those involved want to find a way forward.
- CONFIDENTIAL- Whatever is discussed in the individual caucus session with each party is not disclosed to the other without agreement.
- FLEXIBLE – A court generally had rigid laws as to what it can and can’t do and generally in the commercial world its damages. Mediation can allow other options to be explored e.g. the continuing of a contract or established business relationship which is beneficial to all.
- WITHOUT PREJUDICE – All parties can make proposals for settlement without the risk of such proposals being detailed in Court or “used against them”.
- INEXPENSIVE – Mediation costs are considerably less than solicitors, barristers and Court fees.
- QUICK – Unlike the Court process which can take months or even years (especially if there is an Appeal) mediation can resolve the dispute in days or weeks.
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If you are unsure whether mediation is right for your circumstances then please email your query to us at email@example.com
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