Commercial dispute resolution: mediation
Mediation as an option for resolving commercial disputes, the benefits of confidentiality and the mediation process in Northern Ireland.
Mediation is a voluntary and confidential dispute resolution method. Those involved voluntarily agree to enter mediation in an attempt to resolve the dispute. Mediation is intended to be quicker and less expensive than a court process. It should allow for a more dynamic resolution than a court may be able to offer.
A neutral third party (the mediator) will facilitate the parties coming to an agreement themselves. It is not the mediator's role to make a judgement on the arguments put forward.
Mediation is suitable for a wide range of commercial disputes, including small claims or cost disputes, high value claims and boardroom conflicts.
Confidentiality
Mediation usually requires the parties to treat all discussions as confidential. This is because nothing discussed can be used in any later court proceedings. This makes mediation especially appealing for businesses looking to avoid the publicity of a court case. Courts in Northern Ireland often encourage mediation and can adjourn proceedings to allow mediation to take place.
The mediation process
The parties will attend and participate in the mediation, and their lawyers may accompany them. Usually, both parties will present their dispute to each other. Then, they will meet privately with the mediator to discuss it. After that, they will return to discuss the dispute further. This process can be repeated several times until a resolution is found.
The confidentiality of the process allows the parties to better understand the other party's position. It also facilitates open discussion with a view to finding a resolution that prevents further damage to the relationship.
The parties may decide to document the resolution in a binding written agreement.
Mediation in Northern Ireland
Some of the mediation services available in Northern Ireland are: