Commercial Mediation tends to have high stakes financially and be complex in terms of the business structures. Because of commercial realities there is usually time pressure in order to get the matter resolved. Meditation is much faster and cheaper than going to court for commercial disputes. The commercial court does operate a very efficient list for matters where there is one million or more at stake, however most disputes don’t reach this threshold and then the only legal option open in Ireland other civil courts which are slow. Mediation has an 80% success rate. The Commercial Court or High Court are going to be expensive in terms of legal costs.
The types of dispute that arise in commercial settings include:
- Breach of contract
- Banking and financing issues
- Sale of goods and supply of services
- Intellectual property issues such as trademarks.
- Debt collection and cash flow issues.
- Disputes between management, different management styles, disputes as to what direction the company is taking.
- Construction and building contracts.
- Manufacturing issues.
- Issues arising from high tech equipment and technology.
- Issues arising from company and shareholding structures, holding companies and subsidiaries.
- Partnership issues.
- Company law issues and regulation in that area including the duties of Company Directors
The mediator will help the clients
- Isolate the disputed issues.
- Discuss the options open to the parties.
- Develop and explore the options and potential consequences for same.
- Deal with any imbalance of power between the parties
- Draft and agreement if one is reached.
Workplace Meditation tends to deal with disputes between employees and management or employees and staff. For information on Workplace Mediation please see the workplace Mediation section of the website. Commercial Mediation tends to deal with non employee related disputes.
All different industries are using commercial Mediation these include: pharmaceutical, construction, retail, tourism, manufacturing, industrial, legal, accountancy services,financial services,high-tech industry,Computer hardware manufacturing, software development, internet services, digital marketing,adeveristing, marketing,logistics, transport, hospitality,food and fishing .
Susan worked as a commercial property solicitor and in commercial litigation in particular in the commercial court. Additionally Susan did work for clients that ran various businesses including hotels,golf courses, industrial units,retail, warehousing, manufacturing, insurance, financial services, banking,commercial property, industrial estates, high tech industry, import and export, hospitality, food and fishing giving her experience in those areas. Susan worked predominantly for developers dealing with the issues that arose from contracts that they were involved in and construction issues that arose. Types of issues that arose were planning issues, environmental issues, regulation and regulatory issues,contractual breeches, licensing issues,company law issues,duties concerning company directors, taxation issues, management issues, disputes within partnerships,financing and banking issues, dissolution of partnerships. Additionally Susan was was the solicitor complicated shareholder schemes including shopping centers and commercial centers.