What is Commercial Mediation?
Mediation is a method of dispute resolution whereby a neutral third party Mediator assists the parties to work towards a negotiated settlement of their dispute. The overriding purpose is to reach an early lasting settlement, avoiding the time, cost and general disruption that tends to be caused in conventional court proceedings.
The Mediator is exclusively responsible for setting the process, which is designed to encourage the parties to examine a wider range of issues beyond pure legal arguments, to prioritise between the issues and to create solutions that are workable. Frequently impasse has caused a dispute to escalate and the intervention of the Mediator can help to change the dynamics and overcome deadlock for instance through discussion and brainstorming of options.
The Mediation process tends to be more flexible than traditional court proceedings because the parties have greater control over their destiny. At present the process is voluntary and confidentiality is maintained throughout, which means that the dissemination of any commercially sensitive material (including the terms of settlement itself) can be controlled.
The role of the Mediator is not to make any determination of conflicting evidence or of legal principles, but is purely facilitative to put in place a structure to help the parties work towards a settlement.
Mark Walkington is a Partner who specialises in Commercial Business Services with almost 20 years' of experience in dispute resolution. He is an accredited Civil and Commercial Mediator through a leading national and international authority in Mediation.
Mark will mediate disputes primarily in London and the South East of England, but will also mediate where required throughout the UK, Ireland, or abroad where for instance a contract is governed by the laws of England. The venue for the Mediation will be agreed between the parties.