When parties are in a dispute, it may seem that litigation is the only way to bring the dispute to an end, especially when negotiation between the parties appears to fail. However Mediation can be an effective way of resolving a dispute and, more importantly, can help to reduce the resources needed to conclude a dispute whilst, at the same time, enabling flexible solutions to be considered.
What is Mediation?
Mediation is a process whereby a neutral third party (the Mediator) assists parties who are in a dispute to negotiate a viable settlement. This enables issues outside of the "core dispute" to be brought into the arena and discussed, with a view to finding an amicable solution that is acceptable to all parties. It is the role of the Mediator to facilitate discussions between the parties and assist them to find common ground. The Mediator does not, however, impose a decision upon the parties and until a written binding agreement has been produced either party is free to walk away from the process. A further advantage of Mediation is that the process is entirely confidential.
Mediation can be considered at any time during a dispute, before or after court proceedings have been issued. If court proceedings are ongoing then steps can be taken to suspend the proceedings whilst a mediation is pursued or it can be conducted in parallel.
Range of advice
Whilst it is not necessary for a Mediator to have expertise in a particular area, there is a benefit to the Mediator having an understanding of the underlying legal issues to a particular dispute. Between them the IBB team are experienced in the following areas:
- Commercial contracts, shareholder, partnership and boardroom disputes
- Real estate disputes involving commercial & residential developments, restrictive covenants
- Landlord and tenant disputes involving dilapidations, rent reviews, service charges and lease renewals
- Insurance and re-insurance litigation
- Banking litigation
- E-commerce and IT disputes
- Professional negligence disputes
- Insolvency and bankruptcy
- Cross border sale of goods & debt recovery
- Commercial fraud
- EC & competition law
- Intellectual property
- Personal injury
- Employment disputes
- Contentious probate disputes
To find out more about the mediation services that IBB offer and to discuss charging rates or other administrative matters please contact us using the details set out below. We can then discuss your requirements with you and provide you with a Mediation package tailored to your particular circumstances.