Archive for May, 2009

Commercial Mediation needed more than ever

Wednesday, May 27th, 2009

The use of Commercial Mediation is on the increase, not just in the UK, but as an international method of resolving disputes. The Civil Procedures Rules, the Court of Appeal and the Small Claims Process have been urging disputants to consider mediation an an alternative to the lengthy and costly process of going to court. In fact, a court can refuse to award costs to the successful party if they failed to take-up an offer of mediation from the other side.

With the state of the economy and businesses struggling to juggle decreasing budgets and increasing disputes, now is not a good time to embark upon a drawn-out court case that will certainly not help the bank balance of any company.

Commercial mediation deals with disputes from professional negligence, buildings, breach of contract and construction to debt-recovery, wills and probate, personal injury and boundary issues. Commercial mediation is different to other types of mediation as it deals with a dispute over something tangiable or contractural rather than an interpersonal issue between two or more individuals.

Companies struggling to keep their bank balances in control and not wishing to waste uneccesary time, benefit from commercial mediation as this allows them to reach a speedy agreement and move on. Something that can benefit every organisation when now really isn’t the time to stand still.

Mediation in tough times

Thursday, May 21st, 2009

Now is not the time to be dealing with disputes. Think of all the valuable time, money and resources that are spent every day in dealing with disputes and conflict and how that time could be more usefully invested in your company and for your employees or customers.

Mediation is not just about resolving an argument between two people.  An argument, dispute or fragile working relationship can damage future business, working practices and a whole environment if left unchecked. It can also damage relationship with customers or service users – something that no company or organisation wants at any time, but especially when times are already tough.

Mediation can be used in so many ways and is not the monopoly of either the legal or HR professions. Whilst dispute resolution is often discussed within the legal sector for resolving a myriad of issues, or within larger organisations to help employees deal with interpersonal disputes, mediation has no boundaries regarding the type of dispute or the potential to resolve it.

Times are tough, resources are scarce, budgets are tight and time is limited, and yet never has there been a more important time to keep communication flowing and your best assets happy and motivated. Whether these be your customers or employees, mediation is the quickest and most effective route of removing barriers and keeping things moving.

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