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Getting the best from mediation in a business dispute
February 10, 2017


Mediation should always be seriously considered in a commercial dispute. Refusal to participate in mediation can have cost consequences and a number of Court of Appeal decisions support the view that a party can pay the consequence of refusing to mediate unreasonably.

What is involved in participating in mediation?

Understanding a mediator’s role and the mediation process is crucial. The mediator is there not to pass a judgment but to facilitate the parties to reach a mutually acceptable commercial solution. In mediation it provides the best opportunity for the direct negotiation of deals and the quick resolution of otherwise time consuming and expensive disputes.

Our tips are:

  • Understand the mediation process as being different to any legal process
  • Advice is given in context of commercial negotiation and the process is not dominated with legal issues – albeit the your legal position is reassessed throughout the mediation
  • Asserting or defending your best case may not produce the best commercial solution for you
  • Agree tactics for the mediation but be reactive and flexible to development during the mediation
  • Your analysis of risk may need adjustment in light of development at the mediation
  • Use the waiting time in mediation usefully and creatively – reassessing risk analysis or testing alternative solutions
    • If you have a business dispute, it is our experience that Mediation can be very successful and most disputes are resolved at Mediation meetings. It's also a cost-effective way to avoid litigation. So if you have a business dispute and not sure how to proceed , please contact Jennifer white on 020 8313 1300 020 8313 1300 or email jennifer.white@marsons.co.uk for an review and initial discussion.

      The information contained in this article is intended for general guidance only. It provides useful information but it is not a substitute for obtaining legal advice as the articles do not take into account specific circumstances. So do please Contact US for legal advice on the issues raised.