Palmers Solicitors

Dispute Mediation

Mediation is becoming an increasingly popular option for resolving commercial and civil disputes.

It has a number of advantages, being far less costly and drawn out than litigation. By working to find common ground and a successful compromise that works for both parties, it is also far less damaging to commercial or individual relationships.

With the dispute successfully resolved, without acrimony to the satisfaction of both parties, it is therefore possible to move forward and rebuild a professional working relationship.

Luke Morgan provides mediation services on behalf of Palmers Solicitors. Luke Morgan is a qualified Civil and Commercial Mediator and is also an:

  • Associate Member of Civil Mediation Council
  • Associate Member of the Chartered Institute of Arbitrators
  • Member of the International Mediation Institute

What does a mediator do?

A mediator is an independent, impartial, and professional third-party whose role is to assist those involved in a dispute to reach a mutually acceptable settlement.

Because a mediator is neutral, they will not judge the rights and wrongs of the case or give legal advice.

The process is voluntary and relies upon finding a successful compromise that allows all parties to conclude the dispute and draw a line under the matter.

However, if this is ultimately not possible, all mediation is conducted on a confidential and ‘without prejudice’ basis. This means that if the matter ends in litigation anything discussed or any admissions made during mediation cannot be referred to in subsequent court proceedings or outside the context of the mediation. This therefore ensures that parties are safe to explore their cases, negotiate and narrow issues in the safety of the mediation bubble.

Why consider mediation?

  • The courts expect the parties to have considered some form of alternative dispute resolution (including mediation) and are placing emphasis on the importance of parties doing so. In the absence of the parties engaging in some form of alternative dispute resolution during the course of a case the court has the power to order that the parties provide reasons for any failure to do so and any ultimate failure to consider alternative dispute resolution might result in costs sanctions.
  • The ninth Mediation Audit published by The Centre for Effective Dispute Resolution (CEDR) (which covered the period to September 2020) it was found that the overall settlement rate of cases progressing to mediation was 93% (with 73% settling on the day and the rest shortly after.).
  • A speedier and more cost-effective resolution than litigation
  • A successful settlement can often be agreed after just one mediation session
  • Works to find common ground between parties so less likely to create acrimony
  • Participants take ownership of the process rather than a judge ‘imposing’ a decision
  • The process is voluntary for all participants
  • Independent, impartial mediator enables parties to work through issues without apportioning blame
  • Mediation is confidential and ‘without prejudice’

What types of dispute can be resolved with mediation?

Mediation can be successfully used to resolve a range of commercial and civil disputes between both organisations and individuals, including but not limited to: 

  • Contract infringements (including various breach of contract claims)
  • Director, shareholder and partnership disputes
  • Financial issues including late payments and outstanding debts
  • Professional negligence disputes
  • Business sale disputes
  • Intellectual property disputes
  • Landlord and tenant issues – both commercial and residential
  • Local authority disputes
  • Property, boundary and neighbour disputes
  • Building and construction disputes
  • Contentious probate disputes
  • Insolvency disputes

If your dispute falls into any categories other than those listed above then we are likely still able to provide assistance with mediation services.

Find out more about the impartial, independent accredited mediation services we offer to both businesses and individuals. Contact us today for an informal discussion. 

Clear pricing and expert services to meet your needs

We always strive to be transparent and upfront with our pricing. As such, we offer fixed fees for our mediation service.