Contact our Mediation Information Helpline.

Mediation Helpline

What is Commercial Mediation?

Commercial mediation is a flexible, voluntary and confidential form of alternative dispute resolution. A neutral third party mediator assists parties to work towards a negotiated settlement of their dispute. The overriding purpose is to reach an early lasting settlement, avoiding the time, cost and general disruption that tends to be caused in conventional court proceedings. During the mediation the parties retain control of the decision made, whether or not to settle and on what terms. Unlike a judge or arbitrator, the mediator will not decide the case or the outcome, but will work to facilitate agreement and discussion between the parties. It is the parties who decide what happens and the parties opinions which matter, not the mediators. The role of the Mediator is not to make any determination of conflicting evidence or of legal principles, but is purely facilitative to put in place a structure to help the parties work towards a settlement.

The Commercial Mediation process is confidential and "without prejudice". This means that what is said or written cannot be used in later proceedings if the mediation does not settle. The confidentiality of the process can avoid embarrassing precedents being set, as might happen in court proceedings.

The parties themselves attend the mediation, except in unusual circumstances. The parties can be accompanied by their legal representatives. In the case of a party that is a company or other association, its representative will need to have authority to reach a binding settlement at the mediation.

Commercial mediation provides a private setting whereby parties can gain a better understanding of each other's positions and work together to explore options for resolution. During the mediation, the mediator meets privately with each party to discuss the problem confidentially. This allows each party to be open, honest and frank with the mediator and have a realistic look at their case in private. This discussion behind closed doors removes the fear that any weaknesses discussed will be communicated to other parties. Confidentiality is maintained throughout, which means that the dissemination of any commercially sensitive material (including the terms of settlement itself) can be controlled. The Mediator is responsible for setting the process during the mediation. This is designed to encourage the parties to examine the wider range of issues beyond pure legal arguments, to prioritise between the issues and to create solutions that are workable. This process helps to gain a helicopter view of the issues and help reach a resolution. The Mediator can help to change the dynamics and overcome deadlock for instance through discussion and brainstorming of options.

Commercial mediation can be used in almost any kind of case, for example, commercial contract, computer/IT, professional negligence, property disputes, construction, consumer/fair trading, insurance, personal injury, planning (and other disputes with government departments) and inheritance/probate disputes.

Contact our Mediation Information Helpline.

Mediation Helpline

Mediation prices cost per party.

Two Party Mediation Half Day 4 Hours Full Day 8 Hours Additional Hourly Rate
£5,000-10,000 £150 £250 £100
£10,000-49,999 £200 £350 £100
£50,000+ £350 £500 £125
£100,000+ £500 £850 £125
£250,000+ £950 £1,300 £150
£500,000+ £1,300 £1,750 £150

Workplace Disputes.

Individual £90 45–60 minutes
Joint Mediation Sessions £150 90 minutes

Neighbourhood Disputes.

Individual £90 45–60 minutes
Joint Mediation Sessions £120 90 minutes
Telephone Individual Mediations £30 20 minutes
Shuttling Telephone Joint Mediations £60 Per Party 90 minutes

Contact our Mediation Information Helpline.

Mediation Helpline

Commercial mediation FAQs.

Either you, the court or the other side may suggest mediation. Once the suggestion to mediate is made, a decision is required whether to mediate or not. There are lots of factors which influence each party's decision whether to mediate such as time, money, cost, perceived likelihood of settlement, desire to find a solution. If you would like to talk through your decision whether to mediate or not please get in touch with us via our Mediation Helpline.

One important issue is the financial consequence of refusing to mediate as a court may subsequently find your refusal to be unreasonable. Ignoring the proposal to mediate means that even if you win at court you may not recover all your legal costs.

Mediation can take place anywhere. At Wright Mediation we work internationally. At present majority of mediations are taking place online due to the restrictions on physical distancing. Neutral venues are generally preferred so that parties can meet on an equal footing. Mediating online can support this process as parties can be comfortable in a familiar environment with the reassurance that they can still communicate with their lawyers or those on their team, in confidence.

There is no right and wrong decision on when is best to mediate. Some opinions are straight away others are to wait for the "dust to settle": If one party believes that settlement is possible and the other party is willing to try, then that may be the 'best time'. Equally either party may request further information before agreeing to mediate.

Either side can suggest to mediate, often setting out the benefits of mediation. If a party is not responding to the suggestion, we can make contact in a neutral capacity to gauge whether they are in fact willing to mediate.

Mediations greatest advantage is that it has the potential to save time, money and stress. At Wright Mediation we look to resolve disputes not just settle them.

There is the possibility that the Information may be revealed that a party would prefer to keep for court if they choose that option, however no information is shared without the parties permission.

The lawyers or individuals will draft the detail of the agreement which is likely to include reference to the agreement being in 'full and final settlement' of the dispute. Once signed this becomes a legally enforceable document and brings legal proceedings to an end.

Depending on how far the parties have been able to narrow the issues during the mediation, the mediator may offer to remain in contact after the day of the mediation to see whether settlement can be reached.

There is no agreement or settlement during mediation unless both parties sign the agreement.

Mediation Helpline.

Wright Mediation information helpline: - Available 24 hours 7 days a week for general advice and guidance related to all Mediation queries.

Our mediation helpline can be accessed 24 hours a day 7 days a week with an accredited and register Mediator on the line. This could be for advice, support or guidance related to family, youth, neighbourhood, commercial, generational, workplace or civil mediation.

Email or call 01604 345 756 / 07909 690 347.