Commercial Mediation: Resolve Disputes Without the Cost of Court
A better way to settle commercial disputes
Litigation is expensive, slow and public. Even a winning party rarely recovers all of its costs, and the dispute can absorb management time for months or years. Mediation offers a different route: a confidential, structured negotiation, led by an independent mediator, in which the parties themselves decide the outcome.
Most commercial mediations conclude within a single day. Where agreement is reached, it can be recorded in a binding settlement agreement the same day.
Why mediate now
The courts of England and Wales now actively expect parties to try to resolve disputes before and during litigation. The court has the power to order parties to engage in alternative dispute resolution, and a party who unreasonably refuses to mediate can face adverse costs consequences, even if it goes on to win at trial.
Mediating early is no longer just sensible. In many cases it is what the court will expect to see.
The benefits
Cost. A day’s mediation typically costs a fraction of taking a claim to trial.
Speed. Mediation can usually be arranged within weeks, not the months or years a contested claim can take.
Confidentiality. Discussions take place on a without prejudice basis. What is said in mediation generally cannot be used later in court if the matter does not settle.
Control. No outcome is imposed on you. You decide whether to settle and on what terms.
Commercial flexibility. Settlements can include terms a court could never order, such as revised supply arrangements, payment plans, an apology or a continuing trading relationship.
Relationships. Mediation is far less adversarial than litigation, which matters when you need to keep working with the other party.
Disputes we mediate
We mediate a broad range of commercial and civil disputes, including:
- contractual disputes, including unpaid invoices, breach of contract and supply chain disputes
- disputes between SMEs, suppliers and customers
- professional services disputes
- intellectual property and brand disputes
- shareholder, director and partnership disagreements
- commercial property and landlord and tenant disputes
How it works
1. Initial contact. One or both parties get in touch. We confirm the nature of the dispute and check that we have no conflict of interest with either side.
2. Agreement to mediate. All parties sign a mediation agreement setting out confidentiality, fees and the ground rules for the day.
3. Preparation. Each party provides a short position statement and key documents. The mediator may speak with each side in advance.
4. The mediation day. The day usually begins with a joint session, followed by private, confidential sessions with each party. The mediator moves between the parties, testing positions and helping them explore realistic settlement options.
5. Settlement. If agreement is reached, the terms are written up and signed. If a full settlement is not reached on the day, the discussions often narrow the issues and lead to settlement shortly afterwards.
Mediations can take place in person in London or online.
Arrange a mediation
Whether you’re already in a dispute or can see one coming, an early conversation costs nothing. Tell us briefly about the matter and we’ll come back to you to discuss whether mediation is right for it.