Are you going through a dispute at work or with a business partner?

Our team of Mediators are ready to help you communicate more effectively to one another about your dispute and it's our job to help all participants find solutions that are acceptable to everybody involved.

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Using Mediation for your Business Dispute will save much more than time & money!

We know what it means to be in business. In fact, many of our team are business professionals, legal experts, financial advisors and consultants from every walk of life – that’s why we’re well placed to discuss your dispute in a knowledgable and empathetic manner.

We’ve mediated disputes in every field: from partnerships to supplier contracts, company share holders to construction, engineering to real estate and much more.

Commercial Mediation is a cost-effective way to resolve your issue and avoid the unpredictable runaway costs of corporate litigation. Simply agree to try mediate and leave the rest to us.

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The 4 Step Commercial Mediation Process

CIVIL and COMMERCIAL

Step 1
Pre Mediation Consultation

Separate meetings are conducted with both parties outside the mediation setting to build trust and to understand the problem that needs to be resolved. Information is then given in relation to our process, timescales, fees and dates are agreed to begin the mediation process, if appropriate.

Step 2
Settling you into the process

Once the Mediation agenda is laid out as to the issues to be resolved together, both parties are given the opportunity to listen and be heard independently. We settle you into the process and allow you to speak candidly about your individual objectives, then we look at how we can communicate better.

Step 3
Communication

Here you are given the opportunity to explain your positions in front of each other or in private meetings if desired. The objective at this stage is to understand the real issues behind the dispute and understand the drive behind any aspired outcomes. Time is spent to ensure all sides of the conflict are fully disclosed, ready for negotiation.

Step 4
The Negotiation

Now, we explore options that require courageous thinking. The result we are trying to achieve is "flexibility and innovation" aiming to close the gap in the negotiations and move toward a final settlement. Once a settlement is reached, documents are prepared by the mediator and we discuss together how to implement the agreed settlement.

Looking for more information on our 4-step mediation process?

Call us today on 0151 318 1128

Workplace testimonials from recent clients

We decided to use FMS after speaking with several mediation services; FMS was local, personable and extremely knowledgeable about how to handle our mediation needs. Before FMS came in to conduct the mediation, we were given clear instructions and communications that assured participants involved in the mediation. The advice and guidance provided to HR throughout the process and aftercare was also invaluable. FMS conducted a concise and timely mediation process for our employees, which in turn has resulted in a much better relationship between parties, and has allowed for the business function to resume as normal, after months of communication breakdown. We would not hesitate to use FMS again, should we need a mediator again.
Liverpool
FMS has literally changed mine and my Husband's life. Everything about the way FMS has dealt with situation is amazing. From the day I first spoke to FMS about our situation, they put my mind at rest and told me they would get it sorted for us. And even though we are still in the process, this is exactly what has happened. FMS has always been on the other end of the phone when we have needed her and always very understanding. FMS had to deal with someone we have found very different, seemingly with ease. FMA are just amazing at what they do. I would recommend them to anyone.
North West

Frequently Asked Commercial Mediation Questions

A: Either side can suggest mediation. We can work with you to help you to set out the benefits of mediation to the other party. If they is not responding to the suggestion, we can make contact in a neutral capacity to ascertain whether they are in fact willing to mediate. We often find people are more receptive to mediation when invited by the mediator.

A: Either you or the Court or the other side may suggest mediation. Once the suggestion to mediate is made, a decision is required whether to mediate or not. There are lots of factors which influence each party’s decision whether to mediate; time, money, cost, perceived likelihood of settlement, desire to find a solution. The list includes a multitude of factors. If you would like to talk through your decision whether to mediate, get in touch with us.

One important issue is the financial consequence of refusing to mediate as a court may subsequently find your refusal to be unreasonable. Ignoring the proposal to mediate means that even if you win at court you may not recover all your legal costs

A: There are different opinions. Some say soon isn’t soon enough, others say wait until the issues are clear. There is no universally accepted ‘best time’. If one party believes that settlement is possible and the other party is willing to try, then that may be the ‘best time’. Equally either party may request further information before agreeing to mediate.
A: Usually we schedule a full day to try and resolve a civil / commercial dispute. We may not need this time and we would agree between us how much time we will schedule. If we are unable to conclude matters on the day, and depending on how far the parties have been able to narrow the issues during the mediation, the mediator may offer to remain in contact after the day of the mediation to see whether settlement can be reached thereafter.
A: Literally, anywhere. It is up to the parties and can depend where they are physically. If geography or time difference dictates, the parties can mediate via video link or Skype. Neutral venues are generally preferred so that parties can meet on an equal footing.

A: Whether an agreement reached through mediation is enforceable depends on the situation.

At the end of the mediation, the mediator for the parties will draw up an agreement that embodies all the main points of what has been agreed to.

Both parties will sign this agreement and the dispute is ended; it is the responsibility of both parties to adhere to the terms of the mediation agreement.

After the mediation agreement has been decided, the Solicitors if you have one may draw up a more formal document that can be filed with a court in order to make it legally binding.

If no case has been filed with a court, the solicitors can draw up a contract that binds both parties to the agreement.

A: When you attend mediation, you may usually bring anyone with you that you believe will be helpful in coming to an agreement.

The purpose of mediation is for you and the party you are having a dispute with to talk things through, listen to each other, compromise and come up with a plan that works. 

You aren’t going to be presenting witnesses or putting on a “case” like you would at a trial, so the people you need to bring with you are those who may help you to come to an agreement at the mediation or whose opinion you will want before you decide to settle.

A: There are a few people you should definitely bring to mediation. These include anyone who you would need permission from before accepting a settlement.

For example, if you work for a company, someone with authority to settle must be there; otherwise the mediator may end the session because no agreement can possibly by reached.

A: Workplace mediation helps you, your colleagues and your employer work through the issues or conflict you have, focusing on a positive outcome for all. It is a pre-requisite that everyone consents to the process and consequently it is a safe forum to have the dialogue you need. 

Mediation is there to help improve Workplace relationships.

Need more answers?

Call today on
0151 318 1128

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10 Benefits of Civil & Commercial Mediation

  • Civil and commercial mediation is flexible allowing you to come up with solutions and agreements that you may not be able to do so in court
  • Our mediators can help to generate new ideas and solutions that are mutually beneficial to both parties - helpful when you find yourself stuck in a dispute where you can't see another option
  • You are directly involved in negotiating your own agreement, no settlement can be imposed upon you unlike a court or tribunal process
  • The proceedings are conducted in private and you are in control of your own position
  • Mediation provides a forum and atmosphere in which parties gain understanding, become understood and work together to explore options for resolution
  • Mediation attempts to help the parties to a law suit to compromise and resolve their differences so that a law suit can be settled and not go to trial
  • Mediation does not require you to obtain your own legal counsel, therefore saving financially on this cost
  • Most Civil cases are settled by a mutual agreement between the parties
  • Mediation isn’t free but it is quicker and cheaper than going to court
  • Mediation can really help Workplace disputes, employees can use mediation to resolve their disputes in a confidential impartial and non judgemental way serving to empower employees to positively and change their workplace interactions for the future

Looking to speak to a professional today?

Use our online call booking tool to schedule in a quick chat with one of our highly trained Commercial Mediation professionals

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