A low cost, time saving way of settling commercial disputes out of court
Nobody relishes the prospect of going to court unless it is absolutely unavoidable. It can be time consuming, costly, confusing and sometimes even intimidating. Therefore, it can be in everybody’s interests to consider an alternative – commercial mediation.
At Barclay DeVere we have a specialist team of commercial mediators that can assist clients to reach a satisfactory solution to their dispute without the need for it to progress to court.
Mediation is frequently overlooked as an efficient and effective way of resolving commercial disputes. The mediation process has numerous benefits and most disputes can be resolved between the participating parties in a day or two without the need to involve lawyers, although they can be present in an advisory capacity if desired.
Barclay DeVere’s trained mediators will work with both parties involved in a commercial dispute and endeavour to bring a resolution by seeking to find common ground that both sides will agree to accept.
Commercial Mediation is conducted at a venue agreed between the disputing parties and a time that is convenient to those involved. Generally the process will be conducted in an informal environment such as an office suite or hotel. Both parties usually share the cost of the mediation process.
Barclay DeVere’s mediators are qualified professionals; most are legally trained and may be practicing commercial lawyers. The process is completely confidential and any discussion involving a mediator is conducted in private and cannot be divulged to the other party. Similarly, anything discussed during the mediation process remains ‘without prejudice’ and cannot be used as evidence if the matter subsequently goes to court.
The mediation process is completely voluntary and participants, or the mediator, can terminate the process if they feel there is no chance of reaching a resolution.
Points to consider
- Mediation is a voluntary process that has been agreed to by the opposing parties in a dispute
- It is cheaper, generally quicker and far less formal than litigation
- The process encourages the disputing parties to reach a solution to their dispute by self-resolution
- Commercial Mediation is flexible and informal and although legal representatives can be present as advisors if participants prefer, although this is not a necessity
- Mediation encourages opposing parties to appreciate the other party’s position
- Parties are free to terminate the process whenever they wish
- Commercial mediation is a successful way to resolve a business dispute. It has been estimated that over 80% of mediations reach a solution without the dispute going to court
Call the commercial mediation specialists today – Call us on 0203 519 1213 or 03300 100 082
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