We are delighted that we have a highly experienced and professionally accredited mediator in David Swede, a solicitor and businessman with many years of general experience.

The process of commercial mediation is often overlooked in a potential or actual litigation situation. There seem to be several reasons for this, firstly that in a  litigation situation, matters, even in a business context, can become very personal very quickly, and positions become entrenched. Secondly, there appears to be a lack of understanding of commercial mediation and it's benefits.

How it works

The starting point is that there is no requirement or absolute set procedure for mediation, so it is inherently flexible, and simply requires parties to a dispute to agree to the mediation, to contribute to the mediator's fees and to have an open mind. Most mediations last 1 day or 2 at most, and will normally take place at an independent venue with the parties, and potentially their advisors in attendance. The mediator will seek to resolve the dispute with the parties by a degree of shuttle diplomacy, seeking to find common ground and to "seperate the people from the problem". Crucially, the mediator is completely independent, trained in how to try and bridge differences. With a legally qualified commercial mediator, such as David Swede, he will have a grasp of the issues whilst not approaching the matter like a Judge, and with no fixation on the law. One of the key skills of a good commercial mediator is to be a good listener and to ask questions of the parties.

Also crucial is to understand that any mediation is entirely confidential, is non-binding unless and until the parties agree a legally binding "memorandum of Agreement" and the fact a mediation has taken place or discussions and disclosures in the mediation cannot be disclosed to a court if the mediation fails. They are accordingly "without prejudice".

Mediation is advisable at an early stage of a dispute, but can take place at any time up to a court trial outcome, so should be borne in mind as a possibility at all stages.

Benefits of commercial mediation

These are generally considered to be :-

• Once the parties have agreed to mediation, statistically around 85% of cases settle via mediation
• Cheaper and faster than formally litigating through the courts
• Seeks to find a mutually acceptable outcome rather than an outright winner or loser
• Mediation is "without prejudice" and not binding unless formal agreement reached
• Even if it fails the each party has a better understanding of the other party's position
• Convenience - the court process can be slow, frustrating and full of argument as to procedure, legal rules and point scoring, generally at the clients expense !
• Mediation is private and avoids publicity
• A sensible and commercial way of resolving disputes

As an accredited commercial mediator, David Swede can be instructed either as a mediator or as legal representative for a party in a mediation, although not both at the same time ! Please contact David either by using the contact form on this website, or by telephonong 0208 951 666. He will be delighted to assist.

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