James is passionate about mediation being an effective process by which parties can resolve their disputes (especially those which seem utterly intractable), avoid expensive litigation and buy themselves certainty of outcome and cost.
James offers impartial mediation services, in person and online, to aid dispute resolution, helping clients to resolve differences and find amicable solutions in a wide range of grievances including:
- Commercial and contract claims
- Company, Board and shareholder matters
- Co-habitee (ToLATA) claims
- Partnership disputes
- Agri-business matters (including property rights and estoppel)
- Professional negligence matters (including accountants and solicitors)
During mediation we do not represent any of the parties involved and so can remain an impartial facilitator throughout the mediation process. James offers mediation services to corporate, commercial and individual parties.
We can provide you with a fee quote upon receiving your enquiry. Our fee will be fixed to include up to five hours of preparation work and the day of the mediation between 9.30am – 5.30pm. Any additional time beyond 5.30pm is charged on an hourly rate basis. We don’t charge for travel time.
What Is Commercial Mediation?
Commercial mediation is a form of alternative dispute resolution that enables parties to resolve disputes with the assistance of an independent mediator.
Unlike court proceedings, mediation is a voluntary and confidential process designed to help parties identify solutions and reach a mutually acceptable agreement.
Mediation can often be arranged quickly and provides businesses with greater control over the outcome of a dispute than traditional litigation.
The Benefits of Mediation for Business Disputes
Many businesses choose mediation because it offers a practical and commercially focused approach to resolving disputes.
Benefits of mediation include:
- A confidential process
- Faster resolution than court proceedings
- Reduced legal costs
- Greater flexibility
- Preservation of business relationships
- Commercially practical solutions
- Greater control over outcomes
In many cases, disputes that may otherwise continue for months or years can be resolved through a single mediation session.
Business Disputes Suitable for Mediation
Commercial mediation can be highly effective across a broad range of disputes, including:
- Partnership disputes
- Shareholder disputes
- Contract disputes
- Commercial property disputes
- Professional negligence claims
- Construction disputes
- Debt and payment disputes
- Business ownership disputes
- Supplier and customer disputes
Even where positions appear entrenched, mediation can often help parties identify opportunities for settlement and avoid the costs and uncertainty associated with litigation.
How the Mediation Process Works
Every mediation is different, but the process typically involves:
Initial Preparation
The parties agree to participate in mediation and exchange relevant information regarding the dispute.
Appointment of a Mediator
An independent mediator is appointed to facilitate discussions and assist the parties in exploring potential solutions.
Mediation Meeting
The mediator works with each party, both jointly and separately, to identify issues, clarify positions and encourage constructive negotiations.
Reaching an Agreement
If an agreement is reached, the terms can be recorded in a legally binding settlement agreement.
If a settlement is not achieved, the parties retain the option of pursuing alternative forms of dispute resolution or court proceedings.
Why Choose Mediation Instead of Litigation?
Court proceedings can be expensive, lengthy and unpredictable. Mediation provides an opportunity to resolve disputes at an earlier stage and often allows parties to achieve outcomes that a court would be unable to order.
For many businesses, mediation offers a more flexible and commercially sensible route to resolving disputes while minimising disruption to day-to-day operations.
How Burnetts Can Help
Our Commercial Dispute Resolution team has extensive experience helping businesses manage and resolve complex disputes.
We advise clients throughout the mediation process, including:
- Assessing whether mediation is appropriate
- Preparing for mediation
- Reviewing legal and commercial issues
- Negotiating settlements
- Drafting settlement agreements
- Supporting clients during and after mediation
Our approach is focused on achieving practical outcomes that support our clients’ commercial objectives.
Why Choose Burnetts for Commercial Mediation?
At Burnetts, we understand that businesses need dispute resolution solutions that are efficient, proportionate and commercially focused.
Our experienced dispute resolution solicitors work closely with clients to understand the issues involved, minimise disruption and help secure the best possible outcome.
Whether you are seeking to avoid litigation, resolve a long-running dispute or explore alternative dispute resolution options, our team can provide clear and practical advice. In particular our Head of Dispute Resolution is an accredited Mediator and vastly experienced in this field.
Frequently Asked Questions About Commercial Mediation
Is mediation legally binding?
The mediation process itself is voluntary. However, if an agreement is reached, the settlement can usually be documented in a legally binding agreement.
How long does commercial mediation take?
Many mediations are completed within a single day, although the timescale will depend on the complexity of the dispute.
Is mediation cheaper than going to court?
In most cases, mediation is significantly more cost-effective than court proceedings and can help businesses avoid substantial legal costs.
Can mediation be used after court proceedings have started?
Yes. Mediation can take place before, during or even after court proceedings have been issued.
Contact Our Commercial Mediation Team
If your business is involved in a dispute and you are considering mediation as a way to achieve a practical and cost-effective resolution, please contact us and you can speak with one of our specialist solicitors.
We can advise on whether mediation is appropriate for your circumstances and help you navigate the process with confidence.
