commercial mediation services

Commercial mediation, or Civil and Commercial mediation as it is normally referred to, works on the same principles as workplace and family, but is a highly specialized area and whereas the principles may be the same the methodology and the clients differ. Each client or organisation nominates a 'decision maker or representative with authority' as well as their legal advisors and relevant experts to attend the mediation, which normally takes one day.

The mediator is appointed by both parties, and will begin with an opening statement to all parities and their advisors explaining the process of mediation, defining the ground rules which will include the confidentiality clause and emphasising that mediation is a voluntary process and that parties are free to leave at any time.

It is not the job of the mediator to make decisions or influence any decision making; their role is to support the process by gathering information, and assisting in problem-solving, highlighting and prioritizing the main issues, evaluating the strengths and weaknesses of each case and encouraging the parties to work co-operatively towards a settlement. This is done in private meeting between the mediator and each party and, as and when appropriate, in joint meetings where both parties will attend in the presence of the mediator. This process appeals to many institutions and organizations, as it offers confidentiality, flexibility, commerciality.

It is quick to put in place as there is no long wait for court dates. It is more efficient with time and finances. And probably most importantly it offers the client control over the decision making process.