Mediation for Businesses
Our Mediators can support your business's needs
What is Mediation?
Do you need to bring or defend a legal claim – but are worried about the costs, time, risk and stress involved?
Would it help if there was a fast, affordable method of resolving claims which meant that you could just get on with your business instead?
‘Mediation’ involves appointing a trained and neutral third party (the ‘Mediator’) to help both parties resolve their dispute. The mediator is not a judge, but is an expert at facilitating negotiation between the parties. Mediation is normally quick (typically one day) and is successful around 70% of the time. It is far cheaper than litigation and is conducted on a fixed price basis.
How can LawBite help?
Our lawyers are experts in Mediation. They can
- Draft Mediation clauses to go in contracts or help you persuade the other party to accept Mediation if the contract doesn’t provide for it
- Help you source an accredited third party Mediator
- Help you prepare for the Mediation
- Attend with you on the day and help you try to resolve the dispute through the Mediator
- Provide a neutral LawBriefs Mediator to handle the Mediation (as an alternative to acting for you)
FAQs about Mediation
How does commercial mediation work?
Mediation in its simplest form is a process of negotiation that is done via a Mediator rather than directly between the parties.
In practice, each party and their legal representatives sit in separate rooms and the mediator moves between them to facilitate communication between two sides until either an agreement is reached or the mediation breaks down.
What does a business mediator do?
The mediator does not choose sides and does not make an award. A good mediator will simply try to facilitate dialog between the parties and try to steer them towards reaching an amicable settlement.
When would mediation be used in business?
Mediation is a very helpful tool in dispute resolution. A large percentage of disputes that get referred to mediation end in settlement. If the value of your dispute is sufficient to justify the costs it is highly recommended.
Mediation can be attempted at any stage, but usually it makes more sense to do this after pleadings have closed or after disclosure has been completed.
How much does mediation cost?
The costs of mediation will include the mediator’s fee, your own legal team’s fees for preparing for and attending mediation and possible fees incurred in obtaining an expert’s report if needed. The total cost of one full-day mediation would start at about £3,000.
Is a mediation agreement legally binding?
A Mediation Clause in a contract will be binding and the resulting settlement between the parties reached at Mediation only becomes binding once the parties sign the Settlement Agreement.
What is the procedure for mediation?
- The parties must agree to mediate
- A mediator is appointed.
- The parties exchange bundles that were prepared for mediation and then attend sessions.
- If a settlement is reached the parties sign a settlement agreement.
- The mediation is concluded.
What happens after mediation?
There are three possible outcomes:
- If a settlement is reached, the parties must perform as per the settlement.
- If a party fails to perform the other party can enforce the agreement via the Court.
- If no agreement is reached, the litigation process will continue.
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