Commercial Disputes

Mediation is ideal for resolving a wide range of commercial disputes. The opportunity to agree terms of settlement that are outside the range possible with a court judgement  can bring a real benefit to the parties. Mediation enables the parties to preserve their commercial relationship (or to end it on agreed terms)  and to avoid adverse publicity.

Types of cases where mediaton has proved successful include:-

Insurance

Policy disputes between a policyholder and an insurer and disputes between co-insurers as to their respective liabilities to another party.

Personal injury and clinical negligence claims

Mediation in personal injury cases is helpful in resolving not just disputes about liability and quantum but also, for example, disputes between multiple defendants as to their respective liabilities to a claimant.

In clinical negligence claims, where the claimant and the claimant’s family have found their lives irrevocably changed, the stress of litigation merely worsens an already difficult situation. Mediation can both shorten the litigation process and enable the parties to reach a settlement without having to re-live the circumstances at a trial.

Where the claimant is a protected party, a settlement can be agreed, subject to the approval of the court.

PROFESSIONAL NEGLIGENCE

Claims against professionals such as financial advisers, accountants and solicitors are very time consuming and whatever the outcome carry the risk of reputational damage. Mediation is an ideal forum to deal with such disputes.

Contractual

Commercial claims for breach of contract require a large amount of management input which detracts from the operation of the business. Mediation enables a prompt resolution to be achieved in a cost effective manner

Company and partnership

Disputes between directors and/or shareholders, particularly in “family” companies where there is a breakdown in relationships between the directors. 

Disputes between the members of a partnership.

Family

Disputes between beneficiaries and executors and trustees or between beneficiaries themselves can result in substantial legal costs being incurred, costs which often reduce the very fund which is to be distributed to the beneficiaries.

A mediation in such cases can resolve not only the financial aspects of a dispute but also to some extent repair  the breakdown in personal relationships.

Co-habitees

Property and financial disputes that arise following the breakdown of a relationship between couples.

Education

In schools and universities disputes can arise between the educational establishment and its employees or students, current or past.

Where an educational establishment faces allegations relating to incidents that occurred many years ago, there is a risk of substantial reputational damage.

Any claim can be settled at a mediation on confidential terms.

Defamation and Privacy

Libel and slander (including publication on the internet), whistleblowing, invasion of privacy and reputational damage are all matters better addressed confidentially in a mediation.

 

You may also be interested in


Workplace Mediation

Mediating employer/employee disputes.

Case Studies

Case studies of some of the mediations I have been involved in.

Publications

Articles I have written about the value of mediation.

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