Civil and Commercial Mediation and Alternative Dispute Resolution
Blake Morgan’s civil and commercial mediation experts are available for appointments as mediators in commercial disputes, where we are not advising any of the parties involved. Our mediators receive consistently good feedback. Many of our mediators’ appointments come about following recommendations by other law firms and barristers’ chambers acting for clients in the mediation of commercial disputes.
Our experienced mediators act impartially to facilitate negotiations between parties in civil and commercial mediation. However, where agreed in a commercial mediation, our mediators may take an ‘evaluative’ approach to negotiating a settlement. Not only is Blake Morgan a mediation law firm, but our experts also act in other forms of Alternative Dispute Resolution, for example, as evaluators in ‘early neutral evaluation’ or adjudicators in commercial or construction disputes.
Main Areas Of Practice
Blake Morgan provides expert commercial mediation and Alternative Dispute Resolution. Our main areas of practice are:
Acting for parties in mediation
We regularly represent parties in mediations, and advise parties in disputes. Our experts may assist parties in deciding whether to agree to mediation and when a mediation should take place. We will help parties find and appoint commercial mediators, and advise about the mediation process itself. Our lawyers routinely prepare case summaries for mediation, and offer strategic advice about dispute resolution and the relative cost benefits of settlement or further action. At the mediation, our lawyers may represent a party and act as their advocates during the process. Our aim is to help parties in dispute engage in constructive negotiations towards settlement. Some of our lawyers act as mediators, or are specialists in other forms of alternative dispute resolution.
Acting as mediators
We act in commercial mediations involving disputes of all sorts, including, commercial contracts; company, shareholder or partnership agreements; construction contracts, interim and final accounts; damages and extensions of time; defective products; materials specification, product supply; franchise and agency agreements; IT systems’ performance; landlord and tenant disputes; mechanical and electrical engineering; town planning; professional negligence and property. Mediation of commercial disputes may take many forms. Traditionally a mediation takes place over a day, or half a day. However, our mediators can be flexible. It may be more appropriate for the mediation to take place in short stages over several weeks. Our experts will help to set up whichever format works best for the parties in dispute.
Acting as 'Evaluators'
Sometime parties in dispute want to avoid the high cost of going to Court or arbitration. For example, parties may want to keep their disputes private, or may wish to maintain cordial business relations. So instead, parties may agree to Early Neutral Evaluation (ENE) in which a neutral 'evaluator' gives a non-binding opinion about the issues in dispute. Our expert lawyers, by agreement of all parties in dispute, may act as evaluators. ENE seems to be increasingly popular. Even high value commercial disputes may be settled quickly at relatively low cost, with the benefit of an evaluator's opinion. Mediation in commercial disputes may be followed by ENE where all parties agree the process from the outset.
Acting as 'Adjudicators' or in other forms of ADR
Expert lawyers in our Construction Team accept appointments as 'adjudicators' in construction disputes under the Housing Grants (Construction and Regeneration) Act 1996 (as amended). Our Construction and Dispute Resolution Teams also advise clients involved in adjudication and arbitration. For more information about adjudication, arbitration of construction disputes, and other forms of Alternative Dispute Resolution (ADR) please contact us.
We may be asked to mediate in commercial disputes directly by the parties themselves or by their lawyers or other advisers. Our commercial mediation clients could be multi-national companies or small businesses, local authorities or large charities or public bodies. We are happy to take enquiries from anyone looking for a mediation law firm.
Civil and commercial mediation is remarkably successful in leading to outcomes all parties can live with. But when it works well, mediation in commercial disputes can repair damaged relations and create new business opportunities, in a way which simply isn’t possible through litigation or any other tribunal process.
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