RESOLVING COMMERCIAL DISPUTES

• Mediation is often the most sensible and cost effective method of resolving disputes between businesses or between firms and individuals.

• The main process always starts with the mediator meeting separately and confidentially with each party so that he can listen to what each has to say, and explore possible outcomes. These initial meetings play a vital part in the process. Sometimes they are followed by the mediator “shuttling” between the parties to help identify points of agreement. If these discussions are needed the mediator will only ever pass on agreed information.

• The core of the process is the “round table” mediation session, convened by the mediator, at which the parties work towards resolving their differences. The mediator will ensure that this meeting is conducted in a professional and positive manner. The mediator will summarise the points of agreement in a document to be signed by the parties.

• It is possible for the entire process to be completed in one day, although this is not always practical or desirable. Fees and outlays are normally shared equally between the parties.

Why allow a dispute to drag on expensively when it can be settled quickly by mediation?