Commercial disputes can consume management time, interrupt operations and damage important business relationships. They may also become increasingly expensive when communication breaks down or positions become fixed.
Kent Mediation Service provides professional commercial mediation for businesses, partnerships, professionals and other organisations across Kent. Mediation offers a confidential and commercially focused opportunity to address the issues and explore a practical way forward.
What is commercial mediation?
Commercial mediation is a voluntary and confidential process used to resolve disputes involving businesses, organisations and professional relationships.
An independent mediator helps the participants communicate effectively, identify the main commercial and legal issues and consider possible solutions. The mediator does not decide who is right, provide legal advice or impose an outcome.
The participants remain in control of whether an agreement is reached and what that agreement contains.
What disputes can commercial mediation help with?
Commercial mediation can be used for many different disagreements, including:
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Contractual disputes
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Unpaid invoices and payment disagreements
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Customer and supplier disputes
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Partnership and shareholder disagreements
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Professional service disputes
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Construction and property matters
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Service delivery and performance issues
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Distribution and supply-chain disputes
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Intellectual property disagreements
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Disputes involving consultants or contractors
If you are uncertain whether your situation is suitable, contact us and we will help you consider the available options.
How can mediation help?
Mediation allows participants to consider the commercial realities of a dispute alongside their contractual or legal positions.
It can help you:
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Clarify the issues causing the dispute
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Discuss concerns in a managed environment
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Understand the priorities of the other participants
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Explore practical and commercially workable solutions
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Reduce legal costs, management time and disruption
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Protect confidential or commercially sensitive information
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Preserve an important business relationship
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Avoid the uncertainty of formal proceedings
Possible outcomes could include a payment arrangement, revised contractual terms, remedial work, replacement services, continued trading arrangements, an agreed termination or commitments about future conduct.
When can mediation take place?
Mediation can be considered before court or arbitration proceedings begin, while a claim is underway or after previous negotiations have been unsuccessful.
Seeking mediation at an early stage may protect the commercial relationship and prevent costs from escalating. However, mediation can also be valuable when proceedings are advanced and the parties want to avoid the uncertainty of a final hearing.
Mediation does not replace independent legal advice, and urgent legal action may still be necessary in some circumstances.
How the process works
Every case begins with an initial enquiry. We ask for basic information about the dispute, the organisations involved and any steps already taken.
Where mediation appears suitable, we will:
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Explain the process, fees and likely timescale.
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Contact the other participant where appropriate.
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Appoint a suitable independent mediator.
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Arrange introductory conversations.
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Coordinate an online or in-person mediation.
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Record any agreement reached, where requested.
Why choose Kent Mediation Service?
Kent Mediation Service combines professional case management with an approachable and proportionate service.
Our mediators are independent and impartial. Every participant is given an opportunity to be heard, and the process is adapted to the complexity, value and commercial circumstances of the dispute.
As an initiative of Kent Law School delivered in collaboration with Ashford Mediation Service, we bring together academic expertise, practical mediation experience and established professional systems.
Frequently asked questions
Mediation itself is not a court process. If an agreement is reached, it can be documented in a settlement agreement. The participants may obtain legal advice before signing it and making its terms legally binding.
The appropriate decision-makers should usually attend or remain available. Participants may also be supported by solicitors, accountants or other professional advisers where appropriate.
Mediation is conducted privately and confidentially, subject to limited legal and safeguarding exceptions. Specific confidentiality arrangements can be discussed before the mediation begins.
Yes. Mediation can take place before or during proceedings. Participants must continue to comply with court directions and deadlines unless the court orders otherwise.
Costs depend on the value and complexity of the dispute, the number of participants and the time required. We will explain the likely fees before anyone commits to proceeding.