Civil & Commercial Mediation
Civil & Commercial Mediation aims to achieve a resolution acceptable to all parties, offering benefits like speedier results, less conflict, and full control. The main difference between civil and commercial mediation is the type of dispute they are trying to address.
Civil mediation involves disputes between private individuals or between a private individual and an organisation.
Typical civil cases include:
Boundary disputes
Property disputes
landlord-tenant disputes
Employment disputes
Typical Commercial mediation cases include:
Employment disputes
Insolvency
Fraud
Breach of contract
Negligence
Employment
All mediation is voluntary, confidential and pragmatic.
The decisions are made by the parties involved.
It helps to balance emotions with practical and commercial realities.
Focuses on the future and is beneficial for future relationships.
How does Civil & Commercial mediation work?
Signing an agreement and collection of information via bundles and position statements if relevant. Dates for meetings need to be organised to fit for all parties.
Joint appointment if possible for opening statements. This can be done separately face to face or online. It is vital to ascertain all parties have consent to make decisions and understand the agreement to mediate.
Then move parties into separate rooms/spaces to explore issues and options.
Final agreement - once signed it becomes a legally binding agreement (lawyers may be required at this stage).
Why Mediation?
Civil and commercial mediation offers several advantages as a method of resolving disputes outside of the traditional court system. Here are some key reasons why individuals and organisations might choose civil mediation:
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Civil mediation is less expensive than litigation. Legal fees, court costs, and other related expenses can accumulate quickly in a court case, while mediation typically involves a one-time fee for the mediator and fewer overall expenses.
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Litigation can be a lengthy process, often taking months or even years to resolve. Civil mediation tends to be quicker, allowing parties to arrive at resolutions in days or weeks.
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In mediation, the parties involved have more control over the outcome compared to a courtroom setting where a judge or jury makes the final decision. This allows for creative solutions tailored to the specific needs of both parties.
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Mediation is a private process, and discussions that take place during mediation are confidential. This helps protect the reputation of the parties involved and encourages open communication without fear of repercussions.
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Civil mediation emphasises collaboration and communication, which can help maintain and even improve relationships between the parties involved. This is particularly valuable in disputes where the parties have ongoing relationships, such as business partners or family members.
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The mediation process is less adversarial than litigation. The mediator's role is to facilitate understanding and cooperation rather than to declare a winner or loser. This promotes a more constructive dialogue.
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Because the parties involved in mediation participate in crafting their own agreements, they are often more committed to adhering to the resulting settlement compared to outcomes imposed by a court.
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Mediation offers flexibility in scheduling and procedures. Parties can agree on the timing and format that works best for them (such as in-person sessions or virtual meetings), making the process more accessible.
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Mediation encourages parties to focus on their underlying interests and needs rather than getting stuck in rigid positions. This can lead to more satisfactory and sustainable solutions.
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Civil mediation can be more accessible to individuals who may be intimidated by the complexities of the legal system. It provides a more user-friendly approach to resolving disputes.
Civil and commercial mediation is an effective alternative dispute resolution method that provides numerous benefits, especially in terms of cost, time efficiency, and relationship preservation. It encourages parties to work collaboratively toward a resolution that meets their needs while avoiding the potential pitfalls of litigation. If you have any further questions about civil mediation or need more specific information, feel free to contact us.
Referrals for mediation can be accepted in person, online, or via legal representatives, with consent checks conducted via telephone.
Next Steps
However you decide to resolve important family conflicts, our trained family mediator Anna can support you every step of the way. To start your journey to reaching an agreement that’s best for everyone, get in touch. Use this link to organise a phone consultation to talk to Anna.