Commercial Mediation

Mediation in Commercial Disputes

Commercial mediation is simply the best way to resolve business disputes.  It’s a supremely flexible, cost effective and confidential dispute resolution process where a skilled neutral person – a Mediator – helps the people in the dispute to cut through the antagonistic litigation process and reach an agreed negotiated settlement that serves their interests much better than continuing towards a Court hearing.

In contrast to Court hearings the parties retain all the control of the process and make the decision to settle or not as well as being able to agree the terms on which a settlement which is satisfactory to both of them can take place. Commercial mediation services serve both the economic imperatives and non-monetary interests of the parties at the same time.

Unlike hearings in front of a judge your commercial Mediator will not be the one deciding the case nor will they impose a result.  Instead they will work hard to facilitate an acceptable agreement between the parties and this means it is the parties’ opinions, priorities and interests which matter – not the Mediator’s, not the Court’s.

The Commercial Mediation Day – An Overview of What Happens…

A commercial mediation will generally take place on a single day where both parties will be in the same building, but will not necessarily physically meet.  The mediation process is entirely and completely confidential and is legally “without prejudice”.  What this means is that nothing that is said during the mediation can be used in later proceedings in the unlikely event that the Mediator doesn’t bring the parties to a settlement on the day.  This is extremely useful as the confidentiality of the process enables the parties to be completely open and honest with the Mediator without having to think about embarrassment if their thoughts and feelings were to be made public in a Court hearing.  Everything they say to the Mediator stays with the Mediator (just like a confessional).

During the commercial mediation the parties will have a comfortable private forum in which they can glean a better understanding of their own position and perspective as well as that of the other side without pressure or judgment.  It’s this atmosphere, as well as the skill and experience of the Mediator, that leads to a 90% success rate for mediation.

It’s easy to appreciate that when each party is able to be completely frank with a skilled mediation practitioner who helps them to take a realistic and objective view of their case in private without fear of disclosure of any weaknesses, the parties can leave antagonism and anger behind and rather focus on their priorities and self-interest, which is almost always best served in negotiating a satisfactory settlement rather than continuing the rancour.

Our commercial mediators tell us all the time about how satisfying it for them to see people formelrly mired in financial woe and conflict emerge from the mediation day with the heavy burden lifted. The mediators all say they look like different people!

Commercial Mediation Services – A Summary

Mediation in commercial disputes can solve issues in almost any type of case including commercial contracts, intellectual property, computer/IT, professional negligence, property disputes, construction disputes, consumer issues, personal injury and insurance, wills and probate inheritance disputes and any other sorts of commercial dispute or business litigation.

At GetMediation we have exceptional Mediators with exceptional experience to help you handle and solve whatever expensive and tedious disputes you’re facing.

Workplace Mediation

The Benefits of Using a Workplace Mediator

In workplace mediation the employer and employee involved in conflict use a voluntary confidential process led by a skilled impartial third party – the workplace Mediator.

Conflicts can happen in any employment setting but a fundamental “rule of thumb” is that the best outcomes happen when the conflict is addressed early with mediation.

If a conflict isn’t mediated quickly, rancour can increase and escalate leading to costly emotional and financial consequences with grievance or disciplinary procedures or the stress and expense of employment tribunals.  As the best kind of alternative dispute resolution workplace mediation can completely avoid these much more foreboding and costly procedures by gently and skilfully guiding the participants in the conflict towards a more amicable and mutually beneficial solution.

Why Is Using A Workplace Mediator So Successful?

Workplace mediation is successful for many reasons, but in part it succeeds as it is a process that an aggrieved party enters willingly.  The workplace Mediator will emphasise that the mediation is a voluntary and confidential event and that both employer and employee have a common interest and a common goal to settle their dispute in the most mutually beneficial way.  The Mediator will use their professional acumen to help both parties obtain as much of a “win win” resolution as possible.

If workplace mediation is used when employment disputes begin it stands a really good chance of not just providing a successful outcome to the conflict itself, but of maintaining or re-establishing reasonable working relationships.  Early workplace mediation can prevent the parties from becoming entrenched and can minimise and alleviate anger or antagonism.

Mediation in the workplace can also help when an internal mediation procedure has been unable to resolve the dispute or the relevant staff are unwilling to mediate with an internal mediator.

Workplace mediation is also far suprerior to tribunals or litigation where the matter is particularly sensitive or confidential or the matter involves more senior members of staff, and is also the best thing to do if the dispute has escalated and formal proceedings have been threatened or the parties feel that the internal mediator is conflicted.

All our workplace mediators have certification from prestigious training institutions and have the experience and skill your company needs to help structure effective solutions to conflict that make your enterprise flourish.

Workplace Dispute Mediation – A Summary

In short, within  organisations, both an employer and an employee will benefit from workplace mediation and both parties will save a tremendous amount of time, money and stress. 

Skilled workplace dispute mediators will help prevent disputes from escalating beyond control. Effective workplace mediation minimises stress and anxiety, greatly reduces financial expense including the risk of litigation, and generally greatly contributes to much better, more productive, happy and harmonious working environments within your building.

What Problems Can A Workplace Dispute Mediator Help You Solve?

Workplace mediation can successfully solve problems including:

• Disharmony within teams or between individuals
• Conflict arising from the interaction of management and employees
• Disputes in the boardroom or between executives
• Issues involving matters of discrimination, harassment or bullying
• Business disputes between partners or shareholders
• Commercial conflict in the business supply chain
• Consumer disputes with customers of the business
• Disagreements consequential to buy outs, mergers and acquisitions

and any other forms of conflict or dispute arising in the workplace.

Family Mediation

What Can A Family Law Mediator Do For You?

Family mediation, with certified family mediators, can be crucial to help couples reach much more amicable settlements, much more quickly and for much less money than using traditional divorce lawyers in a break-up.

A family Mediation service will help both parties to come to important decisions regarding all the important factors involved with a divorce and financial settlement, during divorce or separation proceedings or discussions.

A family Mediator will help the couple plot out a mutually agreed roadmap for future relations that works for everybody in a mutually agreeable way without the stress and expense of having to put the household through Court proceedings.

Naturally, as a result, family mediation saves everybody an enormous amount of time, money and stress!

A Family Mediation Service Brings Calm…

Family mediation gives both parties a much more relaxed time and space to consider the most important priorities both for their children and in fact for the whole family group.  The couple will be able to think clearly about what arrangements for their children will be suitable and will be best for them.  It will help a couple consider all the important matters for their children and plan for arrangements as they go through school and all the other challenges of their young lives.

Whether a couple have children or not, family mediation will be hugely beneficial to help them come to an equitable financial settlement.  Family mediation will not only help to map out the best way to use future family finances but will also be the best forum in which to explore the best options for where each party will live following a split.

The best time to begin family mediation is right at the very start.

However, even should a couple have been separated for some time, and even if their case has already gone into the Court process, family mediation is still seen as the best way to achieve the most amicable solutions.

In fact it is completely routine that a divorce Court will not take your case until it is satisfied that you’ve tried mediation first.  It is very likely a judge will delay or even halt a divorce until the parties can show that they have considered or tried family mediation.  This is because family mediation – just like mediation in any dispute – achieves much more harmonious and successful settlements than those imposed in Court.

Getting Started With Divorce Mediation

So, if you need a family Mediator we can provide experienced and sensitive Mediators to help you and your clan deal with a split in the best and most useful way.  When you contact us and we begin to discuss divorce mediation servcies, we’ll tell you that the next thing to do is to arrange a first meeting.

The first meeting with a divorce mediator is where we explore the benefits of family mediation with a couple to find out if they both think mediation is the right thing to do.  This meeting is called a “Mediation Information & Assessment Meeting” (MIAM).

Just like the whole process of family mediation, this first meeting will be conducted in a gentle, calm and sensitive environment.  This can be done completely informally or with your legal advisers present.  It is also possible that Legal Aid may be available for family mediations, so please ask us if you think that you might need this.

In all cases – and even if you decide your case isn’t suitable for family mediation – the Court will still require the formalities to be observed and you will need to fill out the relevant section in the Court form to prove to a judge that you have considered family mediation.

A Mediator For Family Disputes – A Summary

Put in a nutshell, a family mediation servcie is quicker and more cost-effective than heading to court. It reduces conflict for everyone involved, and helps them stay in control over crucial arrangements relating to children, property and finance.

A Family law mediator will be the expert, calm and neutral presence and support that turns the temperature down and lets a couple think clearly. The family mediator will convene meetings and the process typically involves the couple attending a series of these face to face meetings. With GetMediation’s divorce mediation services, all discussions are facilitated by a professional, trained and certified family mediator.

Our family mediators have lots of experience and they know communicating after a separation can be really hard. So they’ll use that skill and experience to help you work through all the issues you need to consider. They’ll understand your anxiety and concern and walk you through all areas, including all the emotional, practical, legal, financial and technical things.

In short, our family mediators are so useful to you when feelings are running high and just at the time when you might feel some despair – when the prospect of any co-operation with your ex partner seems remote at best.

Let us help you through the turmoil of your divorce or separation with family mediation – it is really si the very best thing you can do…

Property Mediation

Property transactions can bring particularly complex issues and “bumps in the road” that require dexterity and aptitude to successfully get around. There can be tricky paths to navigate with out a mediators map. 

That’s why GetMediation has a specialist property department and we’ll be able to help you or your client to resolve any property dispute when you need mediation. We’re here to assist you and help you achieve a quicker outcome with less stress.

Every one of our property Mediators have considerable legal experience in property deals and as well as having a legal background in property they have expertise gained from successfully providing solutions to a large caseload of property disputes.

Our property mediators will use that experience, skill and specialist legal experience to your advantage. They’ll share a common legal vocabulary with the lawyers involved and they’ll show empathy as well as efficiency in resolving the problem that you or your client is facing.

This means that you’ll find our mediators are fully conversant in all the technical property issues that you may be facing and because of their prowess and ingenuity, our property mediation professionals will be able to suggest innovative solutions.

Our mediators may even surprise you with their ability to satisfy all of the parties to your dispute, and you’ll be delighted at how they’ll use their extensive experience of psychological and commercial imperatives, honed from a large property mediation case portfolio, to bring forth a satisfactory resolution for you and your clients, from even the most tricky sets of circumstances.

Inheritance Mediation – Wills and Probate Disputes

Arguments in inheritance disputes can be especially challenging for lawyers and are always extremely distressing to the clients involved in them.

Mediation, by its very nature, has consistently proven to be the best way of resolving inheritance disputes without completely depleting the estate with the expense of litigation.

Perhaps more importantly, mediation also helps to preserves the emotional and relationship capital among the family members when they have the opportunity to hear and be heard.

When they better understand one another, sometimes relationships that seemed to be too fraught and fractured can even be rekindled as a resolution emerges.

Even if family members are not completely reconciled, a successful mediation settlement allows each of them to recover a huge amount of peace of mind and get on with their lives free of the grinding rancour from such an ongoing dispute.

Our experienced inheritance dispute Mediators deal with every kind of situation that Wills and Probate disputes can throw up, so you’re in safe hands, with people who understand your situation and who care about helping you.