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Civil and Commercial Mediation: What is Commercial and Civil Mediation?

By Michelle Aly née Samuel Published: April 9, 2025 Last Updated: April 11, 2025
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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