Business Dispute Mediation.
Facing a commercial conflict? Our dispute resolution solicitors provide practical, confidential mediation services to help businesses resolve disagreements swiftly, protect key relationships, and avoid costly court action.
Alternative dispute resolution, or ADR, is an alternative to litigation in court. ADR techniques include a range of methods that aim to achieve an early settlement, reducing the duration and cost of completing a claim. They can also help to keep a case out of the public eye.
Some of the most common forms of alternative dispute resolution (ADR) include adjudication, arbitration, business mediation, early neutral evaluation, and expert determination. Each of these methods offers a structured way to resolve disputes outside of court, often providing a quicker, more cost-effective, and less adversarial route to settlement.
Lanyon Bowdler uses the full range of ADR techniques where appropriate to bring a case to resolution without litigation, in order to maximise the benefits for our clients. When ADR or mediation is unsuccessful the door is still open to litigate. Mediation does not close off other legal options; it complements rather than replaces them.
Business mediation is one of the most frequently used methods of ADR. It provides a neutral third-party voice to help make progress in cases where direct negotiation is not effective. Mediators seek a solution that is mutually acceptable to all parties, so that a court or judge’s ruling is not required.
Lanyon Bowdler is a full-service law firm consistently recognised by Chambers UK and The Legal 500 for our expertise across all forms of commercial dispute, including business mediation proceedings. We are Lexcel accredited, which recognises our extremely high standards of client service and practice management, both of which enable us to deliver the best quality of mediation services to all our clients, big and small.
Andrew Pegg heads our Dispute Resolution Team, he acts for a wide range of clients from individuals to national and multi-national companies advising on a wide variety of disputed matters including contracts, negligence, nuisance, insolvency, land and judicial review. Particular sectors include manufacturing, construction and agriculture as well as professional negligence. Recent instructions include a multi-million pound dispute regarding manufacturing machinery and a complex contractual dispute regarding a long and ambiguous supply chain.
Mediation is an established, structured means of dispute resolution. It provides all parties with a degree of confidence about what will happen during discussions, and sets up the framework within which negotiations can take place.
Commercial dispute mediation usually follows a broadly similar format:
● The parties agree to appoint a mediator and choose who to appoint
● The mediator meets with both parties and their lawyers in an initial meeting
● Follow-up sessions may be held with individual parties or all parties together
● The mediator facilitates the exchange of offers to settle
● A formal agreement is drafted to confirm the conditions of any settlement
In cases where the mediation was ordered by the court, the outcome must then be reported back to the judge. Any settlement is normally considered full and final, so that neither party can commence litigation at a later date over the same issue.
Mediation is not the only way to negotiate. Some businesses and individuals prefer to negotiate directly instead of calling in a neutral third party. However, the independent voice of a mediator can help to put things into perspective, identify when either party is being unreasonable, and provide innovative ideas for amicable resolutions that have not yet been considered.
The solicitors at Lanyon Bowdler have years of experience in solving disputes before trial. Get in touch today and we will be more than happy to help.
We pride ourselves on working closely with our clients so that you get the highest standard of customer service and legal advice. In many cases we integrate so seamlessly into our clients’ organisations that we are able to operate similarly to an in-house legal department.
Our name – and our reputation – is backed up by high ratings from The Legal 500 and Chambers UK for the work we do on commercial dispute resolution. We offer deep local knowledge for clients throughout England and Wales, particularly in North Wales, West Midlands and the Marches where our offices are located.
In mediation cases, we work diligently and thoroughly to explore various different ways to proceed. It is not for the mediator to decide the outcome of the case; instead, we help both parties to negotiate in their own terms. The final decision must always be made by mutual consent, which ensures that any settlement or agreement is in the best interests of all involved.
Although mediators are by definition independent and unbiased, we will of course work in the best interests of our clients. This involves, for example, ensuring that negotiations make rapid progress to keep costs and delays down, to reach an amicable outcome, and to avoid the need for courtroom litigation wherever possible.
From the first contact, the team at Lanyon Bowdler gave a fast & efficient service. They were very friendly & gave me the confidence that I had found the right solicitors. The advice given & the fast responses were beyond my expectations. The matter was resolved in no time at all.
Since dealing with Lanyon Bowdler they have been diligent, efficient and at all times very helpful along with being structured in dealing with matters, fees and clarity on all levels. Thank you.
I was clearly informed of progress step by step. The service you provided was very good.
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An excellent service with solicitors that you can talk to and who give you a clear understanding of all necessary legal implications and interpretations.
From start to finish we had excellent service. Friendly, approachable and professional.
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Whenever I have had need to contact Lanyon Bowdler I have always received a fast, concise and friendly response.
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In commercial mediation proceedings, all involved parties must first agree to appoint a neutral individual. That person acts as mediator to facilitate negotiations and achieve a mutually agreeable resolution.
A typical mediation process involves a series of private meetings with the parties on an individual basis, as well as joint meetings with all parties in the room. Over the course of these sessions, the mediator works to:
● Clarify the background issues of the case
● Challenge the parties on any misconceptions
● Test the relative strength of each party’s case
● Find common ground on which all parties can agree
● Discuss potential settlements that suit all parties
Mediators are neutral. They do not work specifically for one party. This is hugely beneficial as it means the mediator is perfectly placed to focus on the real issues of a dispute, providing realistic and fair assessment of the circumstances without bias.
A mediator can also be useful in cases that have become emotionally charged. The mediator can help parties to deal with high levels of emotion or stress, find new ways to progress with negotiations, and recommend a settlement where neither party loses face.
Business mediation is extremely flexible and can adapt to the needs of your case. It is relatively informal, allowing significant progress to be made very quickly. More than 70 per cent of cases referred to mediation settle without requiring advancement to litigation.
Mediation is an increasingly common way to resolve commercial disputes. It is worth considering it from the outset of a disagreement or claim. You might find it is possible to reach an agreement within just a few mediation sessions, allowing all parties to move on and potentially salvaging the business relationship too.
Commercial mediation proceedings can commence in a range of different ways:
● Contractual obligation to attempt mediation
● Mutual agreement of all parties
● Recommendation of the court
Some industries and sectors also encourage businesses to sign a voluntary mediation pledge. An example of this is the Mediation Pledge for IP and Technology Disputes set up by the World Intellectual Property Organization.
Including mediation as a mandatory process in commercial contracts makes good sense. It ensures both parties see mediation as the default first option, it speeds up the decision to appoint a mediator (and who to appoint) and it can keep negotiations confidential in sensitive cases.
An upfront Mediation Agreement or mediation clause in a commercial contract can set out who is responsible for paying the costs of any such action. In many cases the parties agree to split the fees equally – remember, mediation typically costs significantly less than litigation.
In some instances, one party may offer to cover the costs of the mediator, legal advisors and any room hire fees arising from the joint mediation sessions. This can form part of an offer of settlement and may be a good way to persuade the other party to accept as part of a mutually agreed negotiated package.
Although mediation is worth considering in the majority of commercial disputes, Lanyon Bowdler can help you to recognise if the circumstances of your case mean it is not appropriate.
For example, your dispute might relate to a technicality of commercial law that requires the opinion of a judge. Alternatively, you might want to seek a court injunction as an urgent priority to prevent the opposing party from taking some action or discussing the case in public.
Mediation may also not be appropriate in commercial disputes that involve a potentially criminal act or in cases that have already gone to court for some other reason.
It is sensible to assume that mediation will be a suitable option, unless there is a clear and specific reason why not. Lanyon Bowdler’s experience means we are well placed to help highlight any such reasons, or to confirm that we believe mediation is worth attempting.
Mediation is not necessarily a ‘success’ or a ‘failure’. In over 70% of cases, mediation leads to a settlement without requiring litigation. However, even if your case proceeds to court, the negotiations already made during mediation sessions can be used to establish common ground and to reduce the remaining issues for the court to consider.
Because of this, mediation can allow litigation to take place more quickly and at lower cost to both parties. You may also be able to reach an agreement on parts of the dispute that you would like to conclude privately, while taking the remainder of the case to court where it may be reported publicly.
Remember, mediation is just one form of ADR, which in turn complements court litigation as different ways to resolve legal disputes. Lanyon Bowdler has the expertise to recommend the best route forwards, whether that is mediation, litigation, or another ADR method.
If it becomes apparent that mediation is not the way to resolve your case, we will make sure you are aware of this. We can help you to decide what to do next, including the decision to escalate the matter to court, and build the strongest possible case for you if you choose to litigate.
Significantly, most of the communications that take place during mediation are considered to be off the record and without prejudice. Therefore, if you cannot reach an agreement and the case proceeds to court, you should not be bound to honour any offers made during mediation.
Lanyon Bowdler can draw up an appropriate Mediation Agreement that sets out the specific legal terms of mediation, to ensure that you benefit from the kinds of protections mentioned above.
Lanyon Bowdler is able to offer clients expert guidance in the event they wish to instruct a mediator, or seek representation should they find themselves facing the mediation process as a respondent.
Our Commercial Dispute Resolution Solicitors are headed by Managing Partner Brian Evans, a fully trained mediator with many years of experience working as a facilitator to help a wide range of individuals and organisations reach amicable agreements.
Whichever side of the mediation process you find yourself on, our team will be able to tell you all you need to know about preparing for the process and what to expect once mediation begins. This legal advice will not stop once mediation itself gets underway. We are there for you if you need us, every step of the way.
Remember that mediation is an unbiased, independent process. All parties must agree to it and the mediator’s role is to act as a neutral third party to facilitate negotiations, progress and settlement. As such, entering into mediation as the respondent, rather than as the claimant, does not automatically put you at a disadvantage.
Ultimately, mediation has all parties’ best interests at heart. Any settlement reached should be mutually agreeable. Both sides of the negotiations benefit from faster, less costly proceedings, which can take place behind closed doors instead of in a court room.
To find out more about commercial mediation and the expertise of our ADR solicitors, contact Lanyon Bowdler today. You can fill in our online enquiry form to provide us with initial information about your case, or call us to talk about your circumstances.
We provide experience and expertise, and pride ourselves on our local knowledge and the high standard of results we achieve for our clients.
Our offices are in Bromyard, Telford, Ludlow, Oswestry, Hereford, Conwy and Shrewsbury, which gives us a strong regional presence across the Shropshire, Herefordshire, Mid and North Wales. However, we act for clients throughout both England and Wales, from independent and family-owned businesses to multinational brands. Our expertise makes us one of the leading firms for ADR lawyers in Birmingham, Wolverhampton and Worcester.
Call us today and learn more about our Service Level Guarantees and transparent fixed fee pricing structure. Whether you are the claimant or the respondent, we are here to guide you through the business mediation process in order to achieve a satisfactory outcome from negotiations.
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