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:-
Policy disputes between a policyholder and an insurer and disputes between co-insurers as to their respective liabilities to another party.
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.
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.
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
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.
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.
Property and financial disputes that arise following the breakdown of a relationship between couples.
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.
Libel and slander (including publication on the internet), whistleblowing, invasion of privacy and reputational damage are all matters better addressed confidentially in a mediation.