Features of Commercial Mediation

  • Voluntary other than in most exceptional circumstances
  • The proceedings are entirely confidential
  • Everything which goes on is without prejudice to any subsequent proceedings unless a binding settlement is reached
  • The mediator will endeavour to ensure that each party understands the case of the other side and that he himself clearly understands the cases of both sides
  • Given that mediation will inevitably involve compromise the mediator will endeavour to identify appropriate areas to enable the parties to focus on those

Where in the market place does Adrian Leopard & Company’s mediation service stand?

Whilst mediation is a potential route forward in all sorts of disputes, Adrian Leopard & Co specialises in commercial and insolvency disputes as this is their specialist field. This means that any dispute concerning money, contracts, claims to assets etc, whether in relation to an insolvent party or not, can be dealt with under the umbrella of commercial mediation

As if general business disputes are not bad enough, there is a great deal of ignorance as to the way things go in insolvency, and very often parties are advised to contest hopeless cases which would be much better settled before enormous costs result.

The very fact of bringing parties together gets them talking. This enables misunderstandings to be ironed out, thereby avoiding cases being fought on false beliefs.

Mediation is the perfect environment to highlight such issues and even if the mediation itself does not succeed, there is every possibility that the issues in a dispute will be narrowed and clarified significantly which may aid subsequent without prejudice negotiations to take place. 

Sometimes a single mediator will suffice and on others a second mediator or mediator’s adviser may be required if there are complex issues involved.

Mediation is a process where parties can bring their disputes to the table with or without professional advisers; there is no specific requirement

Adrian Leopard & Company are willing to arrange and attend mediations in any part of the country

 

If you would like to know more about mediation in insolvency, go to our specialist site

Read about further forms of Dispute Resolution.

 

Commercial mediation is in the ascendancy. What is it and why?

Commercial mediation is a form of alternative dispute resolution

Why? Because the costs of proceeding to a full court trial are huge and, furthermore, the time and effort involved in taking matters to that extreme are considerable.

Why mediation?

  • It is faster than going to court
  • It is much less costly than going to court.
  • It is a procedure carried out in co-operation and with a view to settlement.
  • It is a non-adversarial process. You do not necessarily need a lawyer but it may still help!
  • The decision of settlement is that of the parties.

What are the features of mediation?

The most important facet about mediation is that it is a voluntary process where those in dispute reach a mutually acceptable negotiated agreement. No one will impose a settlement against your will.

Other features include:

  • Voluntary other than in most exceptional circumstances
  • The proceedings are entirely confidential
  • Everything which goes on is without prejudice to any subsequent proceedings unless a binding settlement is reached
  • The mediator will endeavour to ensure that each party understands the case of the other side and that he himself clearly understands the cases of both sides
  • Given that mediation will inevitably involve compromise the mediator will endeavour to identify appropriate areas to enable the parties to focus on those

And what of the mediator?

What qualities does he need? – The views of Adrian Leopard & Company:

  • A mediator needs to be everyone's friend and secure the absolute confidence of the parties during the mediation proceedings
  • The mediator must be neutral and independent and act as an “honest broker”
  • There must be no conflict of interest
  • He must be professional, competent and up to date in the process
  • He must operate by a code of conduct
  • The mediator makes no judgement in the dispute; he does not express any opinion as to an outcome and he does not act as adviser to either party other than in relation to furthering the negotiations
  • He needs to make the parties feel comfortable
  • He needs to get the parties to react together in a spirit of co-operation
  • He needs to get the parties to recognise their own strengths and weaknesses
  • A mediator needs to be an individual capable of lateral thinking
Shaking hands on a deal