Mediation (Business)

What is mediation?

Going to court is expensive and can be unpredictable. If your business is having a dispute with another business, it is always worth considering mediation. Mediation is an alternative, less expensive and often less stressful way of resolving your dispute without having to go to court. myBarrister will put you in touch with barristers who are specialists in mediation and trained as mediators.

Mediation involves an independent person (the “mediator”) hearing the arguments from both sides and then suggesting a resolution. The mediator has no decision-making power and cannot require each side to follow his or her decision. Mediation aims to be conciliatory rather than confrontational, which is what tends to happen in court proceedings. However, a mediator can make suggestions or help the parties resolve their differences in a less forbidding environment than a court.

Mediation is also a cheaper alternative to arbitration, another dispute resolution forum that businesses often use. Decisions made in arbitrations by arbitrators (“awards”) are binding on the parties, while, in mediation, the two sides are not bound by the mediator’s decision.

Sometimes, businesses in dispute use a mixture of arbitration and mediation.

Businesses can also choose to go for expert determination, in which a neutral third party, who is an expert on the issue or sector, can make a decision.

In the Construction sector, the two sides in dispute sometimes opt for adjudication, which can resolve particular issues in contention prior to full-scale litigation or arbitration.

Why should I choose a barrister?

Mediation is cheaper, quicker and much less stressful than going to court to resolve your dispute. Mediation does require expertise on the part of those preparing for mediation to make sure that the arguments are properly presented. If you have a commercial dispute which you think might be resolved through mediation, barristers are ideally placed to advise. Barristers are experts in the law, practised at resolving disputes and can guide you through the process.

Some barristers are also trained mediators, so are available to act as mediators in your dispute.

Who is the best barrister for me?

If you need expert advice and assistance on a dispute where mediation is a useful option for resolving it, choose a barrister on myBarrister. Barristers will provide you with guidance so you that you know where you stand and can take the right decisions about what to do next.

Search for a mediation barrister here  and you’ll be in direct contact with a barrister within minutes.