Disputes are a fact of life in the commercial world.  Parties do not set out to have disputes.  So when they happen it is important to get them sorted out quickly and efficiently.  Otherwise costs can spiral, relationships may be damaged irreparably and the dispute will almost certainly divert resources (time, people and energy) from your business.  In essence it boils down to two choices.  Either get a third party to impose a decision on you or negotiate a deal.

Getting the Courts, an Arbitrator or an Adjudicator to decide your dispute is not necessarily the best option.  In my experience cases are rarely so black and white that the outcome can be predicted with certainty.  Even parties who win cases at trial/final hearing often look back and question whether it was really worth the time, costs and resources.  Irrecoverable costs, lost business opportunities and the sheer stress of a dispute lasting many months/years are some of the issues often underestimated or overlooked until it is too late.  

In most commercial disputes the parties will prefer to reach a settlement - even if they don't always admit that to each other!  However, positions can become entrenched and negotiations (if they happen at all) often become deadlocked.  That's where mediation comes into its element.  Mediation is the process whereby a neutral person assists the parties to reach a negotiated settlement - and it really does work!  If you are reading this, you may already be involved in a dispute and wondering  when is the right time to try mediation or if your case is suitable for mediation.  

The longer a dispute goes on the costs will escalate, relationships may deteriorate and stress levels increase.  So it is never too early to mediate if the parties are willing to approach the process of mediation with a shared commitment to try to find a negotiated settlement

 

There are few commercial disputes, if any at all, which are not suited to being resolved by mediation.   Mediation works because its establishes the structure, environment and focus for breaking deadlock and opening up settlement options.  As a flexible process, each mediation can be adapted to suit the specific needs of the parties, the size and/or the complexity of the dispute.  If the parties commit to the process, there is every chance a settlement can be achieved. In technical or complex disputes, choosing a Mediator with practical experience of the issues/sector may be desirable.   Demonstrating a technical understanding of the issues could be important to establishing a rapport with the parties and their advisors, aid understanding their motivations and help to challenge the parties to be open and creative in resolving their dispute.

 

I very much hope to be able to assist you as Mediator to resolve your dispute.