Commercial Dispute Resolution
So, in conflict mediation it is not about who is right and who is wrong but recognition both sides probably require special type of small business consulting to bring them together. Our remit is not to go about “changing” views of either side, but instead convey to each side their differences – that is the starting point.
Issues may also arise from boardroom disagreements and various shareholder, director loan, contract, performance, employee and payment disputes. The ‘Other Methods’ form of engagement usually applies in these situations – see below.
Not all disputes can be mediated and it is no substitute for litigation where matters cannot be resolved otherwise, but in all other respects, Colonnade offer a genuine alternative where we can provide a resolution oriented environment.
We can also accept direct mediation appointments.
Suitability for Mediation
Parties open to mediation can generally be characterised where
- strong emotions exist on either side
- one or both side’s view remains unexpressed
- legal views conflict on the matter
- one side maybe at loggerheads with their own legal team
- the matter is not so serious as to require legal solution
Different Types of Mediation
We offer a variety of methods to conduct Mediation.
In cases referred by a Solicitor, it is important to understand both parties involved will become a ‘joint client’ with the other party and for the mediation to commence the other party should be willing to participate. We will structure this.
We also offer a non-referred type of mediation, in which Colonnade conduct a ‘quasi’ mediation/negotiation, where the side approaching Colonnade are the sole client.
We utilize the same approach methods as above and still apply objectivity in representing both sides’ views. The only difference is that we are client focussed.
There is a very fine line between mediation and negotiation in such circumstance, but our objectivity has ensured success thus far. ‘Solution-geared’ clients prefer this method as it assists them to close out long outstanding business issues.