Civil and Commercial Mediation covers a very broad spectrum of disputes between business and/or individuals. This can range from breach of a commercial contract between two businesses to a boundary dispute between neighbours.  It would also cover disputes based on negligence.

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Commercial Mediation

Commercial mediation is often a more formal process with legal representatives and the use of the shuttle mediation style. This type of mediation would normally take place over one day and can be arranged very quickly if all parties are available.

The normal steps in the process would include:

The process is normally confidential (by means of the Mediation Agreement ) and when the mediator is with each party what they are told is confidential and will not be repeated to the other side unless permission is given. This is to encourage the parties to be open and honest with the mediator about what is really important and the possible deals that could be done.

The process is also ‘without prejudice’ to any court proceeding on the matter.  That allows a participant to give way on a point in order to explore a potential settlement but if a settlement is not reached the judge will not know that the concession was made in the mediation and the party can still argue the point.