Start with the dispute and the people

Consider what a resolution needs to achieve. Is the dispute principally about a payment, or do the parties need to continue trading, manage shared assets, protect a family relationship or agree how to separate?

Also consider the participants. Strong emotions, damaged trust, several decision-makers or an imbalance in confidence may affect the kind of preparation and support required. Ask how the mediator would approach those circumstances, rather than choosing solely by professional title or sector background.

How important is subject-matter expertise?

Our view is that subject-matter expertise is not usually the decisive factor. A mediator needs to understand the context, but the parties and their advisers can explain the technical and legal issues. The mediator’s central task is to help them understand what stands in the way of agreement and explore a workable resolution.

Specialist knowledge may be useful in a particular dispute. It should not be mistaken for mediation skill, or allowed to encourage assumptions about what matters to the parties. Someone willing to ask a basic question may uncover an issue that others have taken for granted.

Legal or commercial experience can help a mediator understand a dispute and ask informed questions. It does not turn the mediator into the parties’ legal adviser or the person who decides the outcome.

Look for curiosity, listening and adaptability

A useful mediator does more than transmit offers. They listen closely, ask why something matters, test assumptions and help people distinguish their stated position from the interests behind it.

Ask how they work when discussions become difficult. Can they engage with frustration or strong feelings without taking sides? Can they help people question an apparently fixed position without making them feel that the outcome has already been decided?

Our approach is active and impartial. A mediator can engage energetically, challenge assumptions and support all participants while leaving decisions in their hands.

Discuss the approach before appointing

Mediators use different styles. Labels such as facilitative, evaluative or transformative may be a starting point, but ask what the approach would mean in practice for your dispute.

Will there be meaningful direct discussion between the parties? When might private meetings help? If a mediator proposes expressing a view about the merits, clarify that expectation before appointment and consider whether it fits what the parties want.

We favour meaningful conversation between participants where appropriate. Private meetings also have an important place, including when people need to consider proposals or take advice. The process should be capable of adapting rather than automatically keeping everyone apart or requiring every conversation to be joint.

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Consider whether two mediators would help

Complex commercial disputes, several parties or intertwined business and personal relationships may benefit from a carefully composed mediation team. Ask about experience of working together and how the mediators would organise the process.

Co-Mediation brings two pairs of eyes and ears, complementary perspectives and different styles. It can also create a richer feeling of discussion rather than adjudication. It is not necessary in every case.

Our normal proposition is two mediators for one mediation fee. There may be cases requiring a different fee arrangement because of their scale, duration, travel or other unusual requirements. Any fee would be agreed in advance.

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Use credentials and recommendations thoughtfully

Review the mediator’s training, accreditation and relevant mediation experience. Read their writing to understand how they think about conflict, then discuss their approach directly.

A recommendation can be useful, but ask what it is based on. A colleague who has co-mediated with someone may know their working style differently from someone who knows them professionally. A former participant’s experience can also be informative, while recognising that no two disputes are identical.

No mediator can guarantee agreement. Be cautious about treating a success percentage as a substitute for understanding the process, the cases counted and how success was defined.

Agree the practical arrangements as well as the person

Clarify the preparation, format, decision-makers, advisers and timing. Participants may attend in person, online or through hybrid arrangements, depending on what is suitable.

Commercial Mediation fees are agreed individually, taking account of the complexity, number of parties and value of the dispute. Fees are usually split evenly between the parties. Our preferred approach is a single agreed fee for the whole agreed process, with no hidden extras; any separately payable costs or changes in scope should be agreed in advance.

Mediation costs and practical arrangements →

Choosing a Mediation Rescue mediator or team

Commercial Mediation is a Mediation Rescue service. Antony Sendall and Alan Dillon are accredited Civil & Commercial Mediators, bringing different legal and business experience. We can also draw on our wider associate network where appropriate to the assignment.

The starting point is the conflict and the people involved. We can discuss which mediator or team, preparation and format would best fit the circumstances.

Commercial Mediation · Meet our mediators