CIVIL & COMMERCIAL
Mediation is especially appropriate as a method of resolving commercial disputes.
Insurers and businesses now recognise the added value of resolution as early as is possible is not only reducing significantly the substantial costs of litigating but also that the 'future focussed' process preserves or even renews ongoing commercial relationships to the present and future advantage of all the parties.
Sellers of goods and services want to achieve positive feedback and avoid credit damage from having a judgment entered against him.
The buyers want redress.
A common feature of commercial litigation is that the issues are or often appear to be complex but the sooner the parties can bring their minds to bear on the dispute and get to the heart of the matter the greater the rewards.
The traditional adversarial methods of litigating inevitably separates the parties for months and even years, driving a wedge between them that works against resolution of the problem. The dispute can fester and attitudes may harden.
Mediation does the exact opposite because it brings people together and focuses their minds on reaching agreement on the way forward.
Not just agreeing on a solution to the dispute, but also looking at the wider relationship, building upon it focussing on the future and devising methods and systems to minimise the risk of similar disagreements occurring again.
Mediation close to the trial date may reduce the costs of litigating for days or weeks but all too often by that stage not only have costs built up but also damage has been done to the relationship between the parties so the scope for the added value of early resolution is lost.