Commercial Mediation

Mediation is a confidential and structured process where an independent mediator helps the parties communicate, identify the issues and explore whether a practical settlement can be reached.

A mediator does not act as a judge, decide who is right or wrong, determine fault or impose an outcome. The mediator’s role is to manage the process, support constructive dialogue and help the parties consider possible routes to resolution.

For business owners, startups, founders, investors and organisations, mediation can be a smart and commercially sensible way to manage disagreement before it becomes more costly, disruptive or damaging to the business.

How does the mediation process work

The process usually starts with an initial enquiry to gather general information about the dispute, the parties involved and whether mediation is suitable.

A suitable mediator is then chosen, taking into account the type of dispute, the parties’ requirements, availability, experience and any relevant conflict checks.

Before the mediation session, the parties may be asked to provide key documents, a short statement about the dispute and the names of those who will attend.

During the mediation, the parties may meet together, speak privately with the mediator or take part in structured discussions designed to explore the issues and possible settlement options.

In civil and commercial disputes, any agreement reached during mediation will usually be recorded in writing. Once signed by the parties, it becomes legally binding.

Even if no agreement is reached, mediation can still help the parties clarify their positions, narrow the issues and identify constructive next steps.

Your mediator

The mediator is neutral and independent. Their main role is to help the parties have a constructive and focused conversation.

The mediator may help clarify the issues, test positions, consider risks and explore the parties’ commercial or personal priorities. Where possible, the mediator can also help the parties identify settlement options.

Private discussions with the mediator are confidential unless a party gives permission for specific information to be shared with the other party or parties.