Civil and Commercial mediation

What is it and what issues can I resolve?

Civil and commercial mediation covers any dispute arising that could end up in the civil rather than the family court. It is usually set up for a specific amount of time and usually no longer than a single day. The aim is to reach a legally binding agreement by parties signing a settlement agreement.

 

Typical disputes we deal with:

  • TOLATA
  • Landlord & Tenant
  • Boundary
  • Partnership
  • Wills & Probate
  • Building disputes
  • Contract
  • Disability Discrimination Act
  • Insurance
  • Professional Negligence
  • Property
  • Drainage
  • Construction and building contracts
  • Agricultural tenancies
  • Compulsory purchase and compensation
  • Farm subsidy and grant schemes
  • Wills and family disputes
  • Partnership disputes and dissolution
  • Advertising & marketing
  • Assisted deal-making
  • Distribution & Agency
  • Employment & Workplace
  • Financial Services
  • Franchising
  • Intellectual property, trademark, patents & copyright
  • Insurance
  • Licensing
  • Media, entertainment & the creative sector
  • Professional Negligence
  • Shareholder and Partnership disputes
  • Sport

 

 There are four principles to workplace mediation:

  • It is voluntary
  • It is confidential and legally privileged
  • Mediators are independent, neutral and impartial 
  • All parties retain control

 

Why Mediate?

  • Mediation keeps parties in control of outcomes 
  • Quicker, cheaper and less stressful
  • You can repair business or personal relationships
  • You can make agreements that would be beyond the powers of a court
  • There can be costs consequences for an unreasonable refusal to mediate
  • The court will usually expect and encourage you to try and resolve your dispute through mediation
  • The legal process can increase the distance between your respective positions and make it harder to settle
  • The earlier you can engage in a constructive process, the easier it is to reach agreement
  • You get certainty over uncertainty in mediation
  • It is expensive to issue a claim via the court – Around 5% of the value of the claim

 

Civil and Commercial mediation fees

The amount you are claiming Fees per party Length of session
£5000 or less*

£60

£120

1 hour

2 hours

£5000 to £15,000

£360

3 hours

£15,000 – £50,000

£500

4 hours

£50,000 – £100,000

£650

All day

£100,000 – £500,000

£800

All day

£500,000 – £1,000,000

£1000

All day

 

The fees are calculated on the total value of the dispute (claim plus counter-claim) and the expected amount of time for the mediation. If parties wish to continue the mediation after the allotted time then extension fees would be chargeable. There could also be venue hire costs.

 

 

Civil and Commercial mediation referral form