Business Mediation
Assisting parties to identify options and negotiate an agreement to resolve disputes.
Business Mediation Services
What are the stages of business mediation?
Visit our ‘What is Mediation‘ page for a detailed summary of each stage of the mediation process.
Should I use business mediation to resolve my business dispute?
Absolutely. Just because your business finds itself in the midst of conflict, does not mean you need to race off to see a lawyer or go to court. There are many other options available that are less expensive and more time effective. Mediation is an excellent choice, particularly if you wish to avoid an escalation of conflict. Most commerical, contract and shareholder disputes can be effectively resolved using mediation.
What does it involve?
Business mediation is a structured negotiation process involving an open and frank, confidential discussion facilitated by an independent, accredited mediator chosen by the participants. The aim is to identify and explore options for negotiation to resolve the conflict, without the need for court proceedings. The mediator does not make any decisions around the outcome chosen by the parties. Their role is to support the parties to find their own solution.
What are the benefits of business mediation for businesses?
There are many advantages. Issues can be clarified, the parties control the outcome, the process is flexible, it is much cheaper and faster than going to court, discussions are confidential, agreements reached are binding and can be enforced, and most importantly, it helps to maintain and improve the business relationship and gives pathways for monitoring and evaluating the chosen solution so future conflicts can be avoided.
Where can I find a business mediator?
There are a few reliable ways. You can search your local area listings, but to ensure you find a nationally accredited mediator, the best place to look is https://www.resolution.institute/resolving-disputes/get-a-professional or https://www.amr.asn.au/ or any other professional body such as the Law Society of NSW.
Many business mediators have worked as barristers or lawyers for a long time, so have extensive experience in business advice and litigation.
There are only a few commercial mediators in Wollongong. Adaptive Mediation has one of the only female accredited mediators with extensive experience in commercial and business litigation.
Who pays for buisness mediation?
Both parties share the cost of the mediation. Usually, the cost is split equally between them unless some other arrangement is agreed or a court has ordered one of the parties to pay the total fee. In our experience, unless parties are financially invested in the process, they are less likely to fully participate in the process.
What happens if we don’t reach agreement?
If you don’t reach agreement, you can still go to court. However, we find that parties often continue their negotiations after the mediation, and there is always an opportunity to meet again to finalise an issue or clarify the terms of a partial agreement.