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Mediation in Civil and Commercial Matters

Posted on 10/10/2015 · Posted in Mediation

Mediation is a form of dispute resolution often chosen as a method of resolving disputes in both civil and commercial matters without having to proceed to formal court proceedings. On 23rd April 2008, the European Parliament formally approved the Council’s common position on the new EU Mediation Directive which came into force in June that year. The aim of the Directive was to ‘facilitate access to alternative dispute resolution and to promote the amicable settlement of disputes by encouraging the use of mediation and by ensuring a balanced relationship between mediation and judicial proceedings.’ (‘Article 1‘) Mediation is a form of dispute resolution that is actively encouraged by the courts as a way of settling disputes in often a much more efficient manner than going through formal court proceedings, which saves cost and time for all parties involved as well as the judicial system. As a result it has become an ever more important tool for resolving both civil and commercial disputes.

The only source of knowledge is experience”
Albert Einstein

Mediation has other benefits in that it can offer creative solutions as part of dispute resolution and allows relationships to be maintained beyond the mediation process. While not as formal as court proceedings, nevertheless there are a number of established rules and formalities within the mediation process, particularly involving commercial disputes where parties are expected to present factual evidence.

For example as a result of the EU Directive, Member States must adhere to certain rules and codes of conduct around the provision and training of mediators and mediation services. There are laws to ensure the confidentiality of the mediation process and to allow a dispute to proceed to court if mediation is not successful.

At Expert Evidence we are able to supply CEDR Accredited Mediators who have experience in dispute resolution across a wide range of sectors and in both civil and commercial cases. All our mediators have a wealth of industry expertise and are and we are also able to act as witnesses, advisers or consultants to aid the mediation process in appropriate cases.

Learn more about Mediation or why not meet our Experts.

Expert Evidence Limited is a professional firm concentrating on the four main areas of dispute resolution; acting as expert witnesses in financial litigation, mediation, arbitration and adjudication. The firm has a civil, criminal and international practice and has advised in many recent cases. Areas of specialisation include banking, lending, regulation, investment, and tax.

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Disclaimer – Please confirm any of the above views with your solicitor. Expert Evidence takes no responsibility or provides any guarantee that the views above are correct for your particular case or jurisdiction.