Civil and Commercial Mediation: What is Commercial and Civil Mediation?
Civil and Commercial Mediation is a flexible, confidential, and cost-effective form of dispute resolution used to settle disagreements between individuals, businesses, or organisations. It is a voluntary process that can be initiated either by contractual agreement or through court referral.
Types of cases that can be resolved:
- Contract disputes
- Consumer disputes
- Boundary, neighbour, and community disputes
- Commercial and business matters
- Transportation disputes – Marine, Aviation, and Energy
- Family businesses, trusts, and relationship breakdowns
- Financial services and banking
- Inheritance, wills, and probate
Professional negligence - Personal injury and clinical negligence
- Intellectual property disputes
- Insurance and reinsurance matters
- Company, partnership, and shareholder issues
- Property, land, and real estate disputes
- Regulatory and public sector matters
- Entertainment and media disputes
- Construction and engineering claims
The benefits:
- More cost-effective than litigation
- Faster resolution
- Avoids lengthy and contentious court proceedings
- Encourages balanced discussion and collaboration
- Parties maintain control over the outcome
- Helps preserve relationships beyond the dispute
The process:
Mediation involves an independent third party—the Mediator—who remains neutral, impartial, and balanced while facilitating discussions between the parties to help them reach a mutually agreeable solution.
The mediator will review the case documentation in advance to understand the key facts.
The mediation itself typically includes a combination of private and joint sessions. Most matters are resolved within half a day or a full day. Once an agreement is reached, the terms are documented and shared with the parties and their legal representatives.
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