Fisher Jones Greenwood LLP is an established law
firm with a first-class reputation, providing general commercial and legal
advice on all business, employment and property-related matters. As part of our
integrated service to businesses, our qualified mediators help business men and
women reach negotiated settlements of their commercial disputes, helping them
concentrate more time on what’s important such as running a business.
What is commercial mediation?
Mediation or dispute resolution is an alternative
cost effective and efficient method of resolving business differences. It is a
problem solving process that is designed to help participants find a mutually
acceptable resolution. More and more businesses are turning towards mediation as
a common sense route to problem solving.
How does mediation work?
Mediation usually involves the appointment of a
trained, independent third party called a ‘mediator’. Their job is to help the
parties reach a negotiated settlement. Unlike a judge, the mediator has no power
to decide the issue or impose a solution. Typically his or her role is to assist
the parties arrive at an innovative solution or compromise that allows the
parties to move forward.
The mediator arranges a confidential meeting.
During the meeting parties are encouraged to see their own and the other side’s
case objectively and realistically. By focussing on the problem rather than the
dispute, parties can concentrate on their future longer term commercial
interests, rather than their strict legal rights.
A single day’s mediation is usually sufficient to
resolve most disputes. Setting up the mediation usually takes no more than 3 to
4 weeks.
What are the benefits of commercial
mediation?
Some of the benefits to you include:
- Cost effective
- Speedy resolution
- Greater control of outcome
- Pragmatic
- Non-confrontational
- Flexible
Who should use it?
EVERYONE – size does NOT
matter.
- Court cases - Many court cases can take anything up to 12 or 15 months to
come on for trial. It is also difficult to run any case to trial for anything
less than £8,000—£10,000.
- Clinical negligence - For claimants who are currently seeking damages for
medical accidents, Mediation could prove to be a faster and cheaper option of
resolving a dispute, than going to Court.
- Employment Law- disputes between an employer and employee can be mediated to
help sustain co-operation and maintain a healthy working relationship.
- Property and Building Disputes
- Independent Schools - to resolve disputes between staff, parents and
Governors.
- Charities
- Any other commercial dispute
How effective is mediation?
Mediation in the UK has a very high success rate
in the region of 85%. Often disputes which are not resolved during mediation
settle soon afterwards.
The process works because it is voluntary and
provides a flexible and informal process. Court proceedings in comparison are
generally formal, expensive and rigid. The litigation process removes control
from the parties themselves, by imposing solutions on them. During the course of
litigation, any hope of continuing a commercial relationship with your opponent
is usually lost for good. Mediation changes all that.
Through mediation the parties can achieve a much
quicker and more flexible way of settling disputes. Individual and innovative
solutions which are not available through Court proceedings are readily
possible.
What happens when mediation does not succeed?
There will be occasions when the Mediation
process does not completely succeed. Where a settlement cannot be reached,
either party can still enforce his or her legal rights at Court because
Mediation is a process which is only binding if both parties are in agreement
“without prejudice”.
Contact us
If you think that mediation could help resolve
your dispute or would like further information, please contact Chris Yemm 01206
835250 or Kate Taylor on 01206 835320.