Civil & Commercial Mediation

It is considerably cheaper to resolve a dispute through mediation rather than at court. During court proceedings, legal fees can mount up very quickly. In contrast, with mediation you are in control. 

With mediation almost all cases settle before needing to go to trial - it is often in everyone’s interests that the case settles as soon as possible. Certainly, if one party refuses to consider or co-operate with Alternative Dispute Resolution (this usually means mediation), it can result in cost sanctions from the court. It is important to note that the sanctions can apply even if you win your case.

Our Commercial Mediation Service is affordable, fast and an easy alternative to litigation in court.

Almost always the relationships between the parties continue beyond the commercial dispute, often even after the commercial dispute has ended the parties have to continue to see each other. For this reason, we support the parties in maintaining good relations throughout the dispute and whilst engaged in the mediation process. 

With litigation there is often only success for one party. Certainly, the losing party will be sanctioned with costs. This can lead to antagonism and increased hostility. The increased conflict can be especially unpleasant where an ongoing relationship cannot be avoided. Most people get so caught up in the conflict they can only see it as a win/lose matter. In contrast, mediation attempts to achieve an outcome that is good for everyone.

At Ash Hill Solicitors we focus firmly on the problem and are gentle on the people. Our objective is always to achieve an outcome where no one feels they are backing down or giving in.

In court proceedings the key is to address the commercial dispute in the case. In contrast, our professional Commercial Mediation Service focuses on the surrounding circumstances and underlying issues that led to the dispute.

We assist all parties in maintaining control over the outcome and the costs. The parties remain in control by taking responsibility and choosing the terms of the mediation settlement. Similarly, our Civil and Commercial Mediation Service allows all parties the freedom to leave the mediation process at any time. This is not possible during litigation in court: in almost all cases, the parties are bound by an order made by a judge.

The Mediator has no powers to bind the parties to an agreement, while if the matter is in court the judge has the jurisdiction to impose directions. In a court setting the judge must determine the facts and apply the law to the facts in a pre-determined manner. This may not always suit the parties. 

The process of mediation is confidential and without prejudice. Matters discussed in a private meeting with one party will not be disclosed to the other without consent.

Most importantly, an agreement made in mediation can become a legally binding document once it is signed. The parties are not bound by anything proposed or offered during the mediation unless it forms part of a signed settlement agreement.

Our Commercial Mediation Service gives the parties an opportunity to explore a flexible solution and maintain control throughout the mediation process.

We offer face to face and online meditation.

If you are looking for a Mediator near you, please contact us today.

Ash Hill Solicitors in Harrow, London – Supporting you every step of the way