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Mediation

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Mediation

Mediation

Mediation is a common form of alternative dispute resolution in commercial disputes. The parties, usually accompanied by their legal advisers, meet with a mediator to attempt to reach a settlement. The mediator is an independent third party whose role is to facilitate negotiations and settlement between the par
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Arbitration

Arbitration

Arbitration is often used as a quick and relatively inexpensive way to settle contract disputes.  It can be final and binding if the parties so agree.  Resolution of a contractual dispute by Arbitration is frequently agreed to by the parties entering into a contract. Contracts usually include
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Adjudication

Adjudication

Adjudication is currently used almost exclusively in the construction and engineering industry. The Adjudicator is usually a construction or engineering expert or barrister specialising in technology and construction law appointed to give an opinion on the issue (sometimes technical) to allow work to carry
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Expert determination

Expert Determination

Expert Determination is a procedure in which a dispute or a difference between the parties is submitted, by agreement of the parties, to one (or more) experts who make a determination on the matter referred to it or them. The determination is binding, unless the parties agreed otherwise and may hav
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Expert evaluation

Expert evaluation

Expert evaluation is similar to expert determination but as the process suggests it is an evaulative process not a determiniative one.. The expert’s decision is not binding but can be considered advisory. This is known as Expert Evaluation. Although not binding the evaluation often forms the basis o
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Facilitated negotiation

Facilitated negotiation

This process is very similar to the Mediation process except that the negotiation process will be more actively progressed by the input of the experienced legal facilitator.  The Facilitator employs the same skills as a Mediator and shuttles back and forth between the parties helping each p
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Mediation is a common form of alternative dispute resolution in commercial disputes. The parties, usually accompanied by their legal advisers, meet with a mediator to attempt to reach a settlement. The mediator is an independent third party whose role is to facilitate negotiations and settlement between the parties. He or she is not a decision maker or judge.

The process can be used at any stage in the proceedings and in company and commercial matter.  It is a voluntary process where the Mediator helps the parties to a dispute to find a solution to the issue that they can both live with; a win-win scenario.

The mediator remains entirely neutral throughout the process and will not tell the parties what to do but instead shuttles back and forth between the parties helping each work towards a resolution. It is of course a form of negotiation and allows for a resolution based on common sense.   

Mediation is a proactive way to settle a commercial dispute. With the support of a trained Mediator, the process encourages parties to work together to find a solution.

In Rolf v De Guerin [2011] EWCA Civ 78, the Court of Appeal endorsed the use of mediation. In that case, the defendant refused several opportunities to mediate until the eve of trial. Rix LJ described the action as ‘a sad case about lost opportunities for mediation’, adding that the conduct showed how litigation can be ‘wasteful and destructive’.

Even where mediation concludes without a settlement being reached, it is rare for it to have been a waste of time or money. It is not uncommon for a settlement to be reached in teh days and weeks following a mediation.

During the mediation process the parties will have gained some sense of perspective and an understanding of the other party’s position, together with the underlying rationale. A high percentage of disputes which do not settle at mediation, do so shortly afterwards.

If you are locked in a commercial dispute, irrespective of whether or not court proceedings have commenced, consider mediation as a realistic alternative to litigation. If you are in any doubt take legal advice.


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Mediating Works Ltd.
A Company registered in England and Wales, Company Number: 05269434
Registered Address: Chambers of Miss C Buchan, 9 Savill Road, Lindfield, Haywards Heath, West Sussex, RH16 2NY UK. Telephone +44 (0)1444 482222.