Civil / Commercial Mediation

Mediation is a way of settling civil disputes without the delay, stress and expense of going to court. Our mediators can help to resolve any dispute, no matter how complicated or bitterly fought.

We offer a mediation service which is informal, cost-effective and quick. We can arrange mediations in a matter of days/weeks. Whilst a judge is limited to ruling on the law, our specialist mediators can help parties arrive at more wide-ranging, creative and better solutions.

We take the time to understand the real issues behind the dispute. As well as being sensitive to any emotional elements of the dispute, we are very much alive to the practical and commercial realities.

Our pragmatic and ‘common sense’ approach can help to preserve business and family relationships despite the existence of a protracted dispute. Using our skills and experience, we will work tirelessly with the parties to find a resolution everyone can live with.

Our trained mediators are experts in the various legal specialisms in which they practice. They will guide the parties carefully through the mediation process to try to make it as straightforward as they can in the hope and expectation that it will be possible to reach a compromise acceptable to everyone.

We have a suite of comfortable rooms available for mediations, ensuring that each party has their own space and can discuss any aspect of the dispute in complete confidence. We are also able to provide online mediations where appropriate for your convenience.

Almost any civil dispute is capable of being settled by mediation. Examples include:

• Will disputes
• Trust disputes
• Inheritance Act claims
• Professional negligence claims
• Personal injury claims
• Clinical negligence claims
• Company/shareholder disputes in family companies
• Partnership disputes
• Real estate disputes
• Landlord and tenant disputes

Speak to us about using civil/commercial mediation to resolve a civil dispute

If you are interested in using mediation for civil dispute resolution, our highly experienced mediation solicitors will be happy to assist.

To discuss your situation with our friendly, proactive team, you can call us on 0330 175 7608 or email enquiries@ibblaw.co.uk.

Our mediation expertise

Our mediators are trained and accredited by the ADR Group, providing assurance that we can offer an effective, trustworthy mediation service for civil disputes.

Drawing on our many years of experience, we can assist with mediating even the most complex and contentious disputes swiftly and cost-effectively.

Our civil mediators include IBB Law Partner Paul Grimwood, who has over 30 years of dispute resolution experience. Paul is an ADR Group Accredited Mediator and Online Mediator who is also registered with the Civil Mediation Council. Partners Paul Kite, Jon Mowbray and Andrew Olins are also ADR Group Accredited Mediators, with Andrew Olins also being a member of the Chartered Institute of Arbitrators. Partner Russell Ford is a CMC (Civil Mediation Council) registered mediator.

Civil/commercial mediation explained

What is mediation?

Mediation is an alternative dispute resolution process often used for resolving civil disputes. It involves the parties to a dispute agreeing to work with a trained mediator to attempt to agree an amicable settlement of their dispute, rather than resorting to court proceedings.

How does mediation work?

The parties and their legal representatives will meet with the mediator (including online) to attempt to negotiate a voluntary settlement for a particular legal dispute.

The mediator acts as a neutral third-party to facilitate the parties working through the issues to try to achieve an outcome acceptable to all parties. The mediator will not advise the parties on what they should do but can provide guidance on the mediation process. They will also act to defuse any unnecessary sources of tension, helping to keep the process amicable and productive.

Any agreement reached through mediation will be recorded in a settlement agreement or if court proceedings have been issued a so-called Tomlin order.

How long does civil mediation take?

Civil mediation is usually completed in a single session lasting for half a day or a day. This generally makes it a much faster option than taking the case to trial.

How to prepare for mediation

First, the parties to the dispute must agree to use mediation for their dispute.

Next, they need to agree a suitable mediator usually a lawyer with experience and expertise in the particular area of law.  The parties (or more usually their legal representatives) should try to agree a mediation bundle. This is not as rigorous as preparing a trial bundle and can and should include details of without prejudice communications.

The parties or their representatives should also prepare position statements which can either be exchanged with the other parties or be “for the mediator’s eyes only” or both.

The position statements should cover:

• A concise summary of the case including perhaps a chronology
• The key issues
• Identifying the key documents
• A summary of the negotiations that have taken place already
• What the party is looking to get out of the mediation

What are the advantages of mediation for civil disputes?

Key benefits of mediation for civil dispute resolution as compared to court proceedings are:

• Speed – mediation is usually much faster due to avoiding the need to wait for a court hearing
• Cost – the legal fees are usually much lower than going to trial, and if attempted pre-issue there are no court fees to pay
• Reduced conflict – mediation can prevent a dispute from escalating by encouraging the parties to work together and to see each other’s point of view
• Privacy – mediation happens in private as opposed to court proceedings which are held in public, so nobody else needs to know the details of your dispute
• Protecting relationships – court proceedings can often destroy key relationships, whether personal or professional, whereas mediation can help to repair relationships by encouraging parties to talk to each other and work together

Speak to us about using mediation to resolve a civil dispute

If you are interested in using mediation for civil dispute resolution, our highly experienced mediation solicitors will be happy to assist.

To discuss your situation with our friendly, proactive team, you can contact us on 0330 175 7610 or email Paul Grimwood, Russell Ford, Paul Kite, Andrew Olins or Jon Mowbray.