Commercial mediation is used to address disputes of a contractual or financial nature, where you may be seeking payment, compensation, re-provision of services, or replacement of goods. The aim is to clarify the facts, and through a facilitated process, come to a mutually agreeable solution.

The agreement as written is not inherently binding, but can be made into a formal contract with subsequent legal input. We advise speaking to a solicitor once the agreement is written up if you want to make it legally binding.

The vast majority of commercial mediation cases will end with some sort of written agreement. However, if this doesn’t happen, the mediator can refer the parties for legal or other advice. Even if an agreement isn’t reached on the day, mediation can still be helpful in re-opening lines of communication, which can lead to improved relationships.

Parties can most definitely attend commercial mediation on their own, to promote more direct communication. Depending on the nature of the commercial dispute, you may choose to seek legal advice in advance, have your solicitor available during the mediation over the phone, or have your solicitor attend with you. If a party intends to bring a solicitor along, they need to advise the mediator in advance so the other party can be informed.

We would recommend a half day's commercial mediation service running from 9:30-12:30pm or 1.30-4.30pm. If, in the initial meeting, the dispute is deemed to be of greater complexity, the parties will be advised of the potential duration (eg. a full day).

Yes, commercial mediation can be successfully delivered online.

Yes, we ask parties to sign a Confidentiality Agreement on the day of the mediation. All notes relating to the mediation are also disposed of upon completion.

Yes, people cannot be forced to take part in commercial mediation. There needs to be a willingness to participate and a preparedness to reach some kind of resolution that both sides can live with. If parties were to be coerced or forced to take part on the day, this would hinder the result of the mediation, lessen people's commitment to the process, and ultimately make it less likely that they would arrive at a successful conclusion.

Mediation Intake – individual pre-mediation sessions, must be completed prior to mediation (typically 1-2 hours each)
$300 ex GST per hour

Mediation (Half Day) – up to 3 hours
$2,000 ex GST (paid by the organisation or split between the parties)

Mediation (Full Day) – more than 3 hours
$4,000 ex GST (paid by the organisation or split between the parties)