Providing you with a clear, confidential and cost-effective route to resolving business issues.
Commercial mediation and facilitated negotiation are practical ways to resolve business disputes outside of court. As forms of alternative dispute resolution (ADR), they help parties work towards an agreement with the support of a neutral third party, often in a way that is quicker, more flexible and less costly than litigation.
Mediation is a type of facilitated negotiation that is particularly useful where the parties want to preserve a relationship going forward. This might be the case in a business partnership, a workplace issue or any situation where ongoing cooperation matters. As well as helping resolve the immediate dispute, mediation can help create a clearer path for working together in future.
Facilitated negotiation is often used when the focus is on reaching an agreement and bringing the dispute to a close. It gives everyone the chance to discuss the issues in a structured and confidential setting, with support from a neutral facilitator who helps move the conversation forward.
Both processes are voluntary and confidential, and either party can step away at any time. They are designed to help people find practical solutions in a way that is often quicker, more flexible and less costly than going to court. At Thorntons, our qualified mediators and facilitators can be instructed to act as neutral third parties, helping parties work towards a practical resolution.
Frequently Asked Questions
What do mediation and facilitated negotiation have in common?
Both are voluntary and confidential. Both are led by a neutral facilitator. In both cases, the aim is to help the parties reach a solution outside of a confrontational court process.
What happens if my dispute cannot be resolved through mediation or facilitated negotiation?
92% of cases that go to a mediation or facilitated negotiation end in an agreement within 14 days of the session. For the 8% of cases where no agreement is reached, it is up to the parties to decide how best to proceed. Often that can be by seeking a decision from the court.
Why might someone choose mediation or facilitated negotiation instead of a round table meeting with or without solicitors?
The role of the mediator or facilitator is to ensure fairness between the parties. This is achieved by the framework the mediator sets out and the way they direct and manage the discussion throughout the process. They are neutral and impartial and enforce rules to ensure that everyone has a chance to speak and to be heard. They help keep parties focused on the issues that will help them reach an agreement. Unlike a standard round table meeting, the mediator or facilitator is there specifically to manage the process, maintain balance between the parties and help move discussions towards a resolution.
Can the outcome be tailored to the parties involved?
Yes. One of the main benefits is flexibility. The parties can agree solutions that suit their own situation and, in many cases, deal with several issues at the same time.
How much does mediation cost?
Mediation costs are usually more transparent and predictable than litigation. In most cases, there is a fixed fee agreed in advance, which is shared between the parties.
This fee typically covers an introductory call with each party, review of the papers, pre-mediation correspondence and attendance at a full-day mediation. If further mediation dates are needed, an additional fee will apply. We may also charge for any reasonable outlays incurred in providing the mediation services, such as travel expenses.
How can Thorntons help?
Thorntons has four qualified mediators and facilitators who can be instructed to act as neutral third parties in commercial mediation and facilitated negotiation matters. They are also highly experienced dispute resolution lawyers, with a strong understanding of litigation, arbitration and other formal routes to resolution. That means they can quickly understand the legal and practical issues in dispute, what each party is trying to achieve and where common ground may be found.
Each partner has broad litigation experience and individual expertise in niche areas of law, including insolvency, shareholder and director disputes, commercial property, intellectual property, as well as long-standing experience working with clients in the business and farming communities.
The benefit of using Thorntons as your mediator or facilitator is that our partners combine neutrality with real dispute resolution experience. They understand the alternatives if agreement cannot be reached, and they use that knowledge to help parties focus on the issues that matter and work towards a practical outcome.
Even if not acting as mediators or facilitators, the Thorntons Dispute Resolution team can advise you on all aspects of mediation and facilitated negotiation, including whether these options are right for your dispute, how the process works in practice, and what you can do to reach a practical resolution.
Many clients come to us because they want experienced support, a fair process and the best possible chance of reaching agreement. Our team has more than 100 years of combined experience helping people resolve disputes. We are also committed to staying neutral, so everyone involved has the opportunity to be heard properly. This proven approach is highly effective, with around 92% of mediations ending in an agreement.
Call the Thorntons Dispute Resolution team on 03330 430350 to find out more about our mediation and facilitated negotiation services or complete our enquiry form and we will contact you.
