Commercial mediation is a process that parties to a dispute can undergo, which is a way of trying to resolve the dispute, where an unbiased third party is appointed to act as a facilitator between them to help them negotiate a settlement dispute. That independent third party isn’t a judge. They’re not going to make a choice on the evidence or let you know who’s proper and who’s improper and who wins and who loses. They will enable you to see either party’s position and help them come to a settlement.
The process of commercial mediation
It’s a totally voluntary process. You wouldn’t have to attend commercial mediation, and when you’re at a mediation, you possibly can go away at any time. But it is a good opportunity to have a commercial dispute case settled without the need for the proceedings to either, if they’ve already started, continue and continue at elevated prices for each parties, or alternatively, have a mediation at an early stage before any litigation has started in an try to avoid those prices starting or running away from the parties at a really early stage.
So, it’s a form of alternative dispute decision, which is an umbrella time period for many methods of trying to resolve disputes without having to have interaction in court proceedings, and it is turning into more and more prevalent in companies’ minds when they’re having a dispute.
Quite than, “Let’s have a big argument and spending a number of costs and plenty of time in dealing with the dispute”, “How can we get to the top of the dispute in a quicker way and a more value-efficient way?” And commercial mediation is a big part of that and a good way of reaching that finish goal in a much more value- and time-environment friendly manner.
Do I’ve to attend commercial mediation?
Mediation is a voluntary process, however there will be adverse price consequences in litigation if a court believes that a party has unreasonably refused to mediate.
So, if one party to a dispute makes a suggestion of mediation, it can be very prudent, unless there’s a particularly good reason why the opposite party doesn’t want to mediate, and people reasons could also be that the other party’s case doesn’t have any merit or the value of the case involved can be such that the costs of mediation, even attending a mediation could be disproportionate to the value of the dispute.
But, that aside, you would have to have a fairly good reason to not, not to mediate. In any other case, a court could make an adverse costs order towards a party who has unreasonably refused to mediate.
So, it is a case really that the court does count on the parties always and all stages of a dispute to attempt to achieve a settlement, not essentially via mediation exclusively, however the court does count on the parties to try and attain a settlement. And mediation, as we have now already discussed, is an efficient way of doing that in a well timed and cost-efficient manner.
Is the result of commercial mediation legally binding?
The end result of mediation could be legally binding in very particular circumstances, and that’s once an agreement recording the position reached at mediation in a legally binding document.
So, it’s recorded in writing and signed by those parties to the dispute. Till that has occurred, the end result of a mediation will not be legally binding, and it would be open to either party to the mediation to renege on the agreement or not enter into the agreement or seek to try and change the agreement for every throughout the course of the mediation, up till the purpose that it is being recorded in writing and signed by the parties. And due to this fact, we advise shoppers who are at mediation and have gone by the process of reaching a settlement at mediation to attempt their utmost to get that agreement signed on the day of the mediation. And generally, the recording of the agreement can take just as long, if not longer, as to actually the parties reaching the agreement at mediation themselves.