Commercial & Business Mediation
Deal Mediation in Corporate and Commercial Disputes. The best laid plans of mice and men gang aft agley – no matter how well we plan, things may go wrong!
Very few commercial litigation lawyers will tell you that they can predict the outcome of a court hearing or terms of a judgement with any certainty. They won’t be prepared to give you a guarantee-any advice will be caveated. The only certain thing about outcome of a commercial court case, is it’s uncertainty!
Mediation leaves the power to settle the dispute in the hands of both parties – nothing is left to an uncertain court outcome in the hands of a judge, or arbitrator.
Mediation brings commercial business parties together in a confidential setting, where evidence can be exchanged, experts-such as chartered surveyors and forensic accountants – are often present and their evidence can be tested.
The presence of mediators at the negotiation of the business dispute helps parties break the logjam. The confidentiality of the process enables parties, with mediator help, to identify their own, as well as the other parties’ weaknesses – through a process of Reality-Testing or ‘What If’ questioning in private caucus sessions.
In these Deal Mediations – parties invariably start from a competitive, I’m right you’re wrong stance (they set it out in their Mediation Statement when they summarise the dispute from their perspective). Invariably by the end of the process, parties moved towards a more cooperative form of negotiation in which each addresses what they need to do to assist efficient and cost-effective resolution for both.
Mediation avoids the high cost and time commitment required in litigation.
Having been involved in commercial mediation I have seen disputes which have rumbled on in court for a decade resolve in 10 hours – it works!