Commercial Mediation for Directors, Shareholders and Business Disputes
Business disputes can quickly become expensive, stressful and disruptive. Positions harden, communication breaks down and the original problem can become buried beneath allegations, correspondence and increasing professional costs. Not every disagreement needs to end in prolonged litigation.
Mediation provides a structured and confidential opportunity for the parties to discuss what has happened, understand the issues that matter most and explore whether a practical settlement can be reached.
As an independent mediator, my role is to remain impartial and assist the parties in communicating effectively. I do not decide who is right or wrong, impose an outcome or act as an adviser to either side. The decisions remain with the parties throughout the process.
Why Choose Mediation?
Court proceedings can be lengthy, costly and uncertain. Even where one party ultimately succeeds, the financial and emotional cost can be considerable.
Mediation gives the parties greater control over both the process and the outcome. It can allow them to explore commercial solutions that a Court may not have the power to order, including payment arrangements, changes to working relationships, the transfer of assets, an agreed business separation or a structured conclusion to an ongoing dispute.
Mediation can take place before proceedings are issued or while litigation is already underway. It may be arranged online or in person and can often take place much sooner than a final Court hearing.
The process is designed to help the parties find a solution they can each accept. A mediator cannot force anyone to settle.
The Types of Disputes I Mediate
My work is particularly focused on disputes involving companies, directors, shareholders, insolvency and business relationships.
These may include disagreements between directors about the management or closure of a company, disputes between shareholders in owner managed or family businesses and conflicts arising after a company has entered liquidation.
I also mediate disputes involving directors’ loan accounts, dividends, allegations of misfeasance, personal guarantees and the ownership or use of company assets. Other matters may involve negotiations between a bankrupt individual and their trustee, a breakdown in communication between directors and an insolvency practitioner, partnership disputes or disagreements between connected parties over money, property or responsibility for business debts.
These cases often involve more than figures on a page. They may include long standing personal relationships, family tensions, reputational concerns and strong feelings about what has happened. Mediation gives each party an opportunity to be heard while keeping the focus on whether a sensible way forward can be found.
Further examples of my mediation work can be found in the Resources section of this website by searching for the word mediation.
My Background as a Mediator
I qualified as a Civil and Commercial Mediator with the Chartered Institute of Arbitrators in 2018 and registered with the Civil Mediation Council and practise in accordance with the professional standards and requirements applying to registered mediators.
With more than 36 years of experience in insolvency, restructuring and business recovery, I have a detailed understanding of the financial and commercial issues that often sit behind director, shareholder and insolvency disputes. That experience allows me to understand complicated factual and financial backgrounds without losing sight of the people involved. I bring a calm, practical and measured approach to situations that may have become difficult, personal or emotionally charged.
Mediation Packages and Fees
Fixed fee packages are available so that the parties understand the likely mediation cost from the outset.
Half Day Mediation
A half day mediation of up to four hours is charged at £950 plus VAT.
Full Day Mediation
A full day mediation of up to seven hours is charged at £1,600 plus VAT.
Where additional time is needed and agreed by the parties, it is charged at £280 plus VAT per hour.
Mediations can be conducted online or in person. Venue costs will apply where an external venue is required. Reasonable travel costs may also be charged where an in person mediation takes place outside the Greater London area. The way in which the mediation fee and any additional costs are divided between the parties will be agreed before the mediation takes place.
How the Mediation Process Works
The first step is an initial discussion to understand the general nature of the dispute and consider whether mediation may be suitable. Before the mediation begins, each party will be given information about the process and asked to sign a Mediation Agreement. This records matters including the confidential nature of the process, the mediator’s impartial role and the terms on which the mediation will proceed.
The parties may then provide a short written summary of the dispute and any important documents that will help me understand the background. The intention is not to recreate Court proceedings or produce enormous bundles of paperwork. The information should be focused on the issues that need to be discussed.
On the mediation day, the parties may speak with me together, separately or through a combination of joint and private meetings. I will work with each party to clarify the issues, test possible solutions and help communication continue where it may previously have broken down.
The parties remain free to decide whether to settle and on what terms.
Confidentiality and Without Prejudice Discussions
Mediation is conducted privately and confidentially in accordance with the terms of the Mediation Agreement. Discussions and proposals made during the mediation will generally take place on a without prejudice basis. This is intended to allow the parties to explore possible solutions openly without settlement proposals being placed before the Court if no agreement is reached.
There can be limited legal or regulatory exceptions to confidentiality, which will be addressed in the Mediation Agreement. These may include circumstances involving a legal requirement to disclose information, concerns about criminal activity or a serious risk of harm.
Information given to me privately by one party will not ordinarily be shared with another party unless permission is given to do so.
What Happens if an Agreement Is Reached?
Where the parties reach an agreement, the terms should be clearly recorded.
Depending on the nature of the dispute, the agreement may be prepared by the parties or their legal advisers and signed before the mediation concludes. A written and signed settlement agreement can be legally binding.
As mediator, I do not act as the legal adviser for either party. Each party will be encouraged to obtain independent legal advice where appropriate before signing a binding settlement, particularly where the agreement involves Court proceedings, company shares, property, insolvency claims or substantial financial obligations.
Where proceedings are already underway, the parties’ legal advisers may also need to prepare a Consent Order, Tomlin Order or other document to conclude or stay the proceedings.
Is Mediation Suitable for Every Dispute?
Mediation can be useful at almost any stage, but it will not be suitable in every case. There may be situations where urgent Court action is needed to prevent assets being removed, protect confidential information or secure another form of immediate relief. Mediation may also be inappropriate where a person lacks capacity to participate, there are serious safety concerns or the process cannot be conducted fairly.
The fact that relations are poor or the parties strongly disagree does not necessarily prevent mediation. Those are often the very circumstances in which an independent mediator can be most useful. Suitability can be considered during the initial discussion and kept under review throughout the process.
Next Steps
If you believe mediation may help resolve your dispute, you can book an initial meeting with me to discuss the background and whether the process is appropriate.
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