Commercial Disputes
Commercial conflicts between two parties or entities are costly. A common example is the provision of goods or services. In dispute, the supplier will feel the effect of any withholding of payment while the purchaser is unable to realise the actual value of the bought service or good.
For those parties who wish to avoid litigation, often a lengthy, costly and public process, mediation offers an alternative opportunity to settlement:
- Flexibility
- Enables the parties to devise their own solutions
- Speed
- Allows for a quick resolution thereby saving on management time
- Cheap
- The early intervention of mediation cuts down the costs payable
- Inability to pay
- Establishes one party’s inability to pay at an early stage and enables alternative schedules of repayment to be organised quickly
- Private
- Information which could negatively affect the parties’ public perception remains undisclosed
- Relationship
- Allows an opportunity for the relationship to continue
- Preventative
- Mediation clauses within contracts offer early settlement of issues
Types of Disputes
- Breach of contract
- Sale of goods and supply of services
- Intellectual property
- Debt collection
- Insurance & shipping
- Banking and finance
- Defamation
- Construction and building contracts