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Civil and Commercial Mediation: 10 Key FAQs

By Michelle Aly née Samuel Published: April 10, 2025 Last Updated: April 11, 2025
Civil and Commercial Mediation: 10 Key FAQs

Civil and commercial mediation is a confidential and cost-effective way to resolve disputes without going to court. Here's everything you need to know:

1. What is Civil and Commercial Mediation?

It’s a voluntary process where a neutral third party (a mediator) helps people or businesses resolve a dispute. It’s private, flexible, and designed to help parties reach a solution together—without a judge making a decision for them.

2. When Can Mediation Be Used?

Mediation can be used at any stage—before or after legal proceedings have started. It can be written into contracts or suggested by a court to avoid a full trial.

3. What Types of Disputes Can Mediation Help With?

Mediation is suitable for a wide range of issues, including:

  • Contract and consumer disputes
  • Business and commercial matters
  • Property and real estate conflicts
  • Neighbour, boundary, or community issues
  • Inheritance and probate matters
  • Family-owned business and trust disputes
  • Shareholder or company partnership disagreements
  • Intellectual property concerns
  • Personal injury or clinical negligence claims
  • Insurance and professional negligence cases
  • Transportation (marine, aviation, energy)
  • Media, entertainment, and construction disputes

4. What Are the Benefits of Mediation?

  • Cost-effective: Usually cheaper than court.
  • Faster: Most mediations resolve within a day.
  • Confidential: Discussions stay private.
  • Flexible: Solutions can be creative, not limited to legal remedies.
  • Preserves relationships: Encourages cooperation rather than conflict.
  • You stay in control: The outcome is agreed by the parties, not imposed.

5. What Happens During the Mediation Process?

An independent mediator reviews documents before the session and helps guide discussions between the parties. These discussions include both private sessions and joint meetings, and usually result in an agreement. If an agreement is reached, it's written up and shared with all parties and their legal teams.

6. How Long Does Mediation Take?

Most disputes are resolved in half a day or a full day. Complex cases might require more time, but mediation is still much quicker than going to court.

7. What Is the Role of the Mediator?

The mediator is neutral and impartial. They don’t take sides or give legal advice—they help both parties communicate, explore solutions, and work toward an agreement that suits everyone involved.

8. Is the Mediation Agreement Legally Binding?

Yes, once both parties agree on a resolution, the agreement is typically written and signed. This document becomes legally binding and enforceable, just like a contract.

9. How Much Does Mediation Cost?

Mediation costs are generally lower compared to Court costs. Our rates vary depending on the claimed amount. Contact me should you wish to receive our brochure and our standard rates.

10. How Do I Get Started with Mediation?

Reach out to Michelle Aly, Senior Consultant at Yungo Law to discuss your matter and schedule your mediation.

Michelle is also a member of the Civil Mediation Council, International Mediation Institute and The Mediation hub MENA. 

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