Civil Mediation

Court proceedings are sometimes the only way to resolve a dispute, but the proceedings can be expensive, time-consuming, and the outcome may be uncertain and beyond your control.

Fortunately, most disputes, if handled intelligently and creatively, can be settled without litigation.

Many commercial disputes are between trading parties (for example suppliers and purchasers); others are between partners, or shareholders in a company.

In most of these cases there are good reasons for the disputants to want to preserve their relationship with each other. 

The remedies available through court are limited, and may not be what either party really wants. A court might order one party to pay a sum of money to the other, or order an injunction to stop one party from selling a product, but what both parties might really want is for an improvement in their business relationship. This can often be achieved through negotiation.

To negotiate successfully it is vital to know what the main issues in the case are, and to be aware of the probable outcome of the dispute if it goes to to court.

Our approach is to focus on the real issues for your business from a commercial perspective. The objective is to secure a “win-win” solution and a comprehensive settlement.

Sometimes, unfortunately, the relationship between the parties is so strained that it is not possible for them to sit down together in face to face negotiations. In these situations mediation is a possible solution.

Mediation is a form of assisted negotiation, where an independent mediator assists the parties to resolve their dispute. The parties and their legal representatives are in the same building, but in different rooms, and the mediator moves from one to the other, in a form of shuttle diplomacy.

Most cases going to mediation do settle!

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