Business Mediation Services in London & Birmingham

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Commercially-minded negotiators, we can offer alternative dispute resolution via mediation in a variety of contentious matters for both commercial and private clients. We can help you with disputes regarding but not limited to:

• Shareholder and partnership disputes
• Contractual disputes
• Commercial property disputes
• Insolvency 
• Professional negligence
• Financial disputes 
• Employee disputes 
• Will disputes
• Divorce settlements
• Child maintenance and custody rights 

To find out whether mediation is a viable strategy in your cases get in touch with our mediation solicitors on info@witansolicitors.co.uk and arrange an initial, no-obligation consultation to discuss your situation. 

What is Mediation?

Mediation arguably is the quickest and most positive alternative dispute resolution (ADR) method available in our arsenal. Mediation is a voluntary process in which parties enter willingly with the shared desire to reach a peaceful resolution without the need to go to court.

Witan Solicitors offer mediation advocacy services which means that we provide you with legal advice during the mediation process to ensure that your best interests are protected in any agreement that is made. We are there to negotiate better terms on your behalf and make sure that you are fully aware of the implications of anything you agree to during mediation.

How We Can Help

Our experienced commercial mediators excel at helping businesses quickly resolve disputes. Our accredited experts have been recognised by the Legal 500 for their commercial acumen and first-class client service. We always provide our clients with honest and practical legal advice whilst ensuring that they are comfortable discussing their concerns.

Our Commercial Mediation Process

Reasons to Choose Mediation

Over the years, we have seen many of our clients seek alternative dispute resolution (ADR) and mediation is the preferred choice, especially amongst our commercial clients. This is because mediation is designed to build a positive relationship between you and your opponent which would then help you work out the best solution for both sides. Some of the main advantages offered by mediation include:

• Speedy resolution: Mediation is less formal than court proceedings and with cooperation from both sides it provides a much faster way to agree on a way out of the situation
• Everyone is a winner: Mediation is designed to reach a mutually beneficial settlement so both pirates come out of the process with their best interests protected
• Confidentiality: Mediation sessions are confidential and this makes them an excellent option when you want a problem dealt with discretely
• Cost-effective: Unlike litigation and arbitration, mediation provides a cost-effective way of resolving disputes
• Success rate: 60% to 70% of cases referred to Mediation settle

Any settlement reached as a result of mediation becomes legally binding the moment an official agreement is signed by both parties. Our mediation solicitors are there to oversee the process and secure a fair settlement for you. 

How Much Does Mediation Cost?

The cost of commercial mediation services will vary depending on the complexity of your case and the amount of preparation required. Commercial clients can expect to pay between £2000 – £4000 plus VAT, though the cost of mediation is worth it. After all, if you reach an agreement, it will cost you significantly less than it would have to take court action.

What to Expect

The purpose of mediation is to help you address the core issues. You will have the opportunity to not only be heard but also understand the other party’s perspective. That way, you can come together to explore options for a positive outcome. Hopefully, this will lead to a stronger relationship and issues benign resolved. Plus, you benefit from the peace of mind that time-consuming and expensive litigation can be avoided.

Before the session, it is important to provide the mediator with sufficient information. This allows them to advise on the expected length of the mediation. The mediation fees will be split equally between both parties to ensure that everyone is committed to the process.

What Types of Business Disputes Can Mediation Help With?

A variety of commercial disputes can benefit from business mediation, including:

• Contract disputes
• Construction disputes
• Fraud
• Inheritance and probate disputes
• IT disputes
• Partnership disputes
• Professional negligence
• Property disputes
• Public body disputes
• Shareholder and director disputes
• Trust disputes, including TOLATA claims

Why Choose Witan Solicitors?

With over 100 years of combined experience, the Witan Solicitors team is in a perfect position to protect your best interests during the mediation process, whether you are faced with a commercial dispute. Our person-centred approach ensures that you are always in control of your case and we take the time to discuss your options, as well as their consequences. 

• Mediation advocates since 2014
• Members of the College of Mediators 
• Members of Resolution – the UK’s legal community for ADR  
• Recognised by Legal 500
• Legal guidance without confusing jargon
• Business mediation service in London, Birmingham and Northampton
• Initial no-obligation consultation

FAQ

Do I need a solicitor for mediation?

No, you are not required to have legal representation during the mediation process. However, having a trained mediation advocate by your side ensures that any deal reached during mediation is fair and beneficial to both sides. 

What types of issues can be mediated?

Mediation can be used to resolve a range of commercial disputes, including contractual and construction disputes.

Can I refuse to participate in mediation?

Yes, you can. Mediation is a voluntary process. However, refusing to participate may have adverse cost repercussions if your case is taken to court. This is because the Courts encourage parties to avoid court proceedings and instead participate in alternative dispute resolution (ADR) such as Mediation.  

How long does mediation take?

The length of the mediation process depends on the nature and complexity of the issue. It usually takes at least two to four sessions (45 – 60 minutes each). 

What is the difference between a mediator and a mediation advocate?

A mediator facilitates a positive conversation between the two parties involved in a dispute. The mediator does not need to have legal qualifications. 

The mediation advocate, on the other hand, is a trained legal professional whose job is to protect your interests during the mediation process.

What are the benefits of small business mediation?

Small businesses should always treat litigation as a last resort due to the costs involved. Mediation allows you to avoid court proceedings and settle a dispute.

Will the mediator influence the decision?

No. The mediator will play a neutral role in the session and will not offer legal advice or make suggestions. Once an agreement has been reached, the mediator will help to draw up the settlement agreement but the document will only contain what has been agreed by both parties.

Who pays for business mediation?

Commercial mediation fees are split 50/50 between the parties.

Who can request mediation?

Any business owner or employee can request mediation.

Where does the mediation take place?

Mediation can be done in person, online or over the phone. For external disputes, a neutral venue may be hired for the mediation; for internal disputes, mediation may take place in the office, provided suitable arrangements are made.

Who can take part in mediation?

Aside from the mediator, the main pirates involved in the dispute need to be present during the mediation session. Parties may bring someone to support or represent them, such as a solicitor or union representative if all parties agree to them being present. 

In some cases, an assistant mediator may take part in the mediation.

What is the process for mediation?

1. Both parties agree to mediate
2. A mediator is appointed
3. Each party speaks to the mediator
4. Documents that were prepared for the mediation are exchanged
5. The parties attend the session
6. The parties sign an agreement if a settlement is reached
7. The mediation is concluded

What does a business mediator do?

An experienced mediator will simply facilitate dialogue between the parties and encourage them to reach a mutually beneficial agreement.

When would mediation be used in business?

Mediation is extremely helpful if your business is involved in a high-value dispute.

How much does commercial mediation cost?

Mediation usually costs between £2000 – £4000.

Is a mediation agreement legally binding?

Yes. Mediation will be binding once both parties have signed the settlement agreement.