Briefing Note: To mediate, or not to mediate, that is the question

Mediation is a form of Alternative Dispute Resolution (ADR) which is available to parties to a commercial dispute. The purpose of ADR is to endeavour to settle a dispute in order to avoid incurring substantial legal costs, wasting the valuable time of the parties which can be dedicated to more commercially beneficial endeavours and, where appropriate, assist parties to maintain (and indeed build upon) a positive business relationship notwithstanding a dispute has arisen.

The courts have provided clear support for Alternative Dispute Resolution in settling commercial disputes outside of court. Read this article below to understand why ADR should be considered as early as possible by parties to a commercial dispute and the potential benefits of mediation (even if unsuccessful).

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