Commercial Mediation Services

Providing professional mediation services to lawyers and parties is the focus of my practice. Commercial mediation is a confidential and private dispute resolution process whereby an independent, neutral third party mediator seeks to assist the parties in reaching a negotiated agreement.

With over 3,000 successful mediations since 1994, I have mediated both two party and multiparty disputes across a wide range of subject areas. I mediate business disputes including:

  • Business partnerships and joint ventures
  • Contract
  • Professional negligence
  • Insurance
  • Resource management
  • Construction
  • Health and disability
  • Employment
  • Public law

What do mediations typically involve?

Commercial mediations often involve claims where proceedings have been filed or are contemplated. Lawyers are usually involved and direct communication between the parties has broken down.

In a litigated case, a mediation is usually a one day event with the parties and their lawyers meeting to engage in constructive dialogue about the dispute and to identify options for its resolution and reach agreement.

In other commercial mediations where lawyers may not yet be involved, mediation can take place as a one day event or may involve a number of meetings between the parties and the commercial mediator.

Why use mediation services?

Mediation provides an opportunity for parties (and their lawyers, if involved)  to have a protected conversation about the dispute with the assistance of a skilled facilitator who has no personal interest in it.

I facilitate the conversation so that the parties can focus on the real issues, understand the risks both tangible and intangible of not resolving the dispute and identify and evaluate options for resolution and  assist the parties in achieving agreement. It is a cost and time effective way of resolving disputes without using formal court processes, which enables parties to address all aspects of a dispute and reach an agreement which satisfies their needs.

What is a mediator’s role?

A mediator’s objective is to provide each party with an opportunity to engage with each other in a constructive way. Each party is then better informed about the other party’s view of the dispute and able to undertake an informed risk assessment. This assists each of  the parties to take a creative and constructive approach to resolving their dispute.

Independence from the subject matter of the dispute means that I can adopt an analytical approach asking questions about the factual and legal arguments and assist parties to evaluate litigation risks and the other costs of not reaching an agreement.

Get in touch to discuss Commercial Mediation.

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