Commercial dispute resolution
Commercial dispute resolution: mediation
Mediation is a voluntary and confidential dispute resolution method. Those involved voluntarily agree to enter mediation in an attempt to resolve the dispute. Mediation is intended to be quicker and less expensive than a court process. It should allow for a more dynamic resolution than a court may be able to offer.
A neutral third party (the mediator) will facilitate the parties coming to an agreement themselves. It is not the mediator's role to make a judgement on the arguments put forward.
Mediation is suitable for a wide range of commercial disputes, including small claims or cost disputes, high value claims and boardroom disputes.
Confidentiality
Mediation will usually require the parties to treat all discussions as confidential. This is on the basis that nothing discussed can be used in any later court proceedings. This confidentiality makes mediation particularly attractive for commercial disputes where the parties would prefer to avoid the negative publicity that open court proceedings might risk. Courts in Northern Ireland often encourage mediation and can adjourn proceedings to allow mediation to take place.
The mediation process
The parties will attend and participate in the mediation themselves, but may also be accompanied by their lawyers. Usually both parties will present their dispute to the other, and then meet privately with the mediator to discuss the matter confidentially before coming back together to discuss the dispute further. This may be repeated a number of times.
The confidentiality of the process allows the parties to gain a better understanding of the position of the other party. It also facilitates open discussion with a view to finding a resolution that prevents further damage to the relationship.
The parties may decide to document the resolution in a binding written agreement.
Mediation in Northern Ireland
Some of the mediation services available in Northern Ireland are: