Commercial dispute mediation [“CDM”] is a way of resolving commercial disputes as an alternative to taking a claim to court for a judge to decide. It is one of the means of alternative dispute resolution [“ADR”]. Other means of ADR are negotiation and a settlement meeting, which is similar to CDM but without an independent mediator. CDM can take place before any court claim is made but often takes place soon after a court claim is made because then each side will understand what the other’s position is about the dispute. Often a business will not sit down and mediate unless a court claim is actually started or at least about to start. The procedure is that the two sides choose and pay for an independent mediator whose job it is to help them reach agreement, not to decide the dispute. Both sides and their lawyers and the mediator meet for ½ a day or a day and try to reach a written agreement. CDM is far less expensive than going to trial, quicker, less stressful, avoids publicity that can damage reputation and can allow a commercial relationship to continue. It is private and confidential so that if it is not successful a judge cannot be told about what happened at the CDM. About 80% of CDMs result in agreement, either on the day or shortly afterwards.
Paul Ashwell offers expertise across the full range of commercial and property law. If you require his services, please get in touch with our clerks who will be able to put you in contact with him.
