Commercial Mediation services from James Wilson of Charting Solutions
Mediation
A Mediator helps parties in dispute to negotiate a mutually acceptable settlement.
Mediation is not arbitration – which is a process by which a third party decides the issues in dispute and imposes that decision on the parties.
Parties trying to negotiate a settlement without a mediator often operate in an atmosphere of conflict, mistrust and posturing. They rarely communicate what they really want from the process.
A Mediator is able to discuss confidentially with each party their true concerns and the outcome they could really live with. The process is entirely ‘without prejudice’ so nothing discussed during the mediation can be revealed to the court or arbitrator if the parties fail to settle .
Mediation offers parties an opportunity (often their last) to decide the outcome of their dispute themselves – rather than leaving the outcome to a judge or arbitrator. There is also likely to be a significant saving in legal costs.
If you would like to know more about mediation or to discuss whether your dispute is suitable for mediation, please contact us.
Early Intervention
In response to frustration from many in the commercial sector that parties to disputes are frequently waiting too long before agreeing to mediate, James Wilson has been collaborating with colleagues at www.seamediation.com to promote the concept of ‘Early Intervention’.
The concept is simple:
A litigation process is focussed on getting the parties to a sufficiently informed position for a judge or arbitrator to decide the outcome Early Intervention is focussed on helping the parties find the shortest route to put them in a sufficiently informed position to negotiate the outcome themselves.
This is achieved through the intervention of a neutral mediator as early (or late) in the dispute as parties choose.
Learn more about Early Intervention
Wide Ranging Experience
James Wilson has been mediating in the commercial sector since being accredited as a Mediator by CEDR in 2000. His mediation experience crosses a wide variety of fields, including:
- Partnership/J.V./Shareholders disputes
- Professional negligence
Insurance - Commodities/Trade
Shipping - Other sorts of transport – including rail, road and air
- EU anti-competition laws
The amounts involved have varied up to a maximum to date of £186m. A large percentage of the cases in which he has been involved as a mediator have settled on the day or within 7 days thereafter.
Discover more about our Commercial Mediation offering
If you wish to discuss in confidence whether your dispute is ripe for Mediation, or Early Intervention, please contact us in complete confidence.
James quickly established a good rapport with the clients and lawyers on both sides. He inspired confidence and the parties found him very easy to work with.
A Charting Solutions Mediation Client