Commercial
Commercial
Commercial
All aspects of business disputes including contract, shareholder agreements, partnerships, tax etc
Civil
Commercial
Commercial
Every day life disputes including property, personal injury, negligence etc.
Workplace
Commercial
Workplace
Employer / employee disputes, Unions, discrimination, harassment, bullying, unfair dismissal etc.
Why mediation
Mediation has now become a recognised step by the Court, in the litigation process.
It is a quick and cost effective opportunity to break free from the misery of costs, uncertainty and disruption !
Disputes are a natural and inevitable fact of life! The basic human instinct of fight to survive is programmed into our DNA. The more technologically advanced we become, the greater demands we put on ourselves and those around us. There is less capacity for tolerance and patience, little time for reflection and as a consequence more conflict arises.
At Progressive Dispute Resolutions we have first-hand knowledge and a good understanding of the symmetry between points of conflict and the cast of characters in the background. Our Mediators have owned and run businesses, often in very difficult circumstances. We know the challenges of relationships when large sums of money are on the line. We understand the anxiety of dispute and the fear of consequences in the hands of a legal system constrained by narrow boundaries and uncertainty.
Effective mediation
Warring parties need a helping hand.
What does mediation offer:
Cost-Effectiveness: Avoid the enormous costs of legal fees and lengthy proceedings.
Speed: Mediation resolves disputes far more quickly than traditional litigation, allowing your business to focus on growth and operations rather than prolonged legal battles.
Awareness: Invariably disputes trigger powerful and complex feelings of principle, fairness and justice, causing resentment and belligerence which can distort cognition, cloud judgment and give rise to fundamental misunderstandings that hinder the resolution process.
Control & Flexibility: Unlike litigation, where outcomes are imposed, mediation allows you to retain control over the final resolution. To engage in litigation, either as a claimant or defendant, is to abandon your own judgment and decision making skills, choosing instead to defer to a legal process which is governed strictly by the Rule of Law, and where concepts of justice and fairness can be very different to expectations.
Restoration: Mediation encourages high level thinking, and in some cases can even be restorative, helping to maintain important relationships, which is often impossible following trial.
Confidentiality: Protect your business reputation and sensitive information through a private process that keeps all matters strictly confidential.
The Mediation process
Step 1
Step 1
Step 1
- We will engage with the parties either directly or through their chosen advisors.
- We will ask for a case summary from both sides,
- We may ask questions or raise certain matters before the day of mediation.
- Although we prefer to conduct mediations in person, we do offer Zoom or Teams as an online alternative. This is particularly beneficial with overseas parties.
Step 2
Step 1
Step 1
- The dress code for attended mediations, will be either suit and tie or smart casual, and for the parties to decide.
- The venue for attended mediations are the offices of an advisor or hotel meeting rooms.
- We will require three rooms, lavatory facilities and provision of food and drink.
Step 3
Step 1
Step 3
- Where possible we like to begin proceedings with all parties together, each providing a summary statement of case.
- In cases where the parties may prefer to not be in the same room, then the same procedure will be conducted individually.
- The mediator will go between break out rooms until such time as an agreement can be reached – or not as the case maybe.
Step 4
Step 4
Step 3
- The mediator will not press for a resolution on the day. This must be achieved willingly between the parties.
- On some occasions one or both parties may want to reflect overnight before deciding. The mediator will be happy to liaise with the parties and their advisors on another day if that is preferred.
- If necessary, any follow up session can be conducted on line.
Costs
Step 4
Costs
- The cost of mediation can range depending on the complexity of the case and any follow up sessions.
- Typically a single day mediation can cost £3,000 - £5,000 plus vat.
- We will always encourage the parties or their advisors, to provide a summary statement of the case and suggested reading material, so that a considered quotation can be provided.