Association of South West Mediators
Email: enquiries@aswm.org.uk
Telephone: 01823 445 566

ASWM is a member of the Civil Mediation Council and is registered as a provider of Civil and Commercial mediation as well as Workplace mediation

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Civil and Commercial Mediation

The phrase “Civil and Commercial litigation” is used to describe the process of resolving disputes using the High Court, County Court or other tribunal service. In these cases, mediation is used to deal with a wide variety of different types of dispute which cannot be resolved through negotiation. However, it would not include Family disputes, which are resolved using a separate, but similar system, but does include Court of Protection litigation.

 

Mediation offers parties involved in civil and commercial disputes an alternative to litigation, where mediators enable parties to arrive at their own settlement through informed and fair negotiations. Mediators are neutral and independent and through a balanced process ensure that parties have the space and freedom to identify and express their real interests and needs to the mediator and listen to the views of the other party. It allows emotions to be expressed and helps the parties think clearly about the future, rather than dwelling in the past.

Mediation is not a substitute for legal advice; but parties can be supported through the mediation process by their legal representatives.

Civil and Commercial mediators deal with disputes arising from all aspects of civil litigation and commercial law. Most will be able to handle a wide variety of different types of dispute. Some have developed particular areas of expertise.

ASWM is a Registered Provider recognised by the Civil Mediation Council for Civil/Commercial and Workplace mediation. All members of our Civil and Commercial Mediation Panel are accredited through the CMC.

Areas in which members have experience of providing mediation include the following

  • Building disputes;

  • Church disputes;

  • Cohabitee and TOLATA disputes;

  • Commercial contracts;

  • Commercial/agency;

  • Commercial disputes;

  • Commercial Disputes in Small Businesses;

  • Contentious Probate;

  • Construction disputes;

  • Contractual disputes (Customer and supplier);

  • Conveyancing and misrepresentation claims;

  • Co-ownership;

  • Corporate and banking;

  • Court of Protection;

  • Disputes in Educational settings - between parents, governors staff and Educational practitioners, as well as peers, parents and children in schools colleges and Universities;

  • Elder and younger care issues

  • Employment;

  • Environmental disputes (smells, noise, nuisance);

  • Family business issues;

  • Faith communities

  • Fraud

  • Inheritance Act disputes;

  • Insolvency;

  • Intellectual property and IT contracts;

  • International;

  • Landlord and tenant matters;

  • Medical issues;

  • Mental Capacity Issues;

  • Multi-party disputes;

  • Neighbourhood disputes;

  • Partnership disputes;

  • Personal Injury;

  • Planning disputes;

  • Professional negligence, especially solicitors, accountants, surveyors;

  • Property related negligence claims and other areas of property law;

  • Property joint ventures;

  • Property disputes;

  • Restrictive covenants and confidential information in employment;

  • Restrictive covenants in property;

  • Right of way, boundary, easement and other property disputes;

  • SEN statements, provision, exclusion;

  • Shareholder disputes;

  • Small claims disputes;

  • TOLATA disputes;

  • Tort;

  • Trustee and Board Disputes;

  • Trusts/wills.

Our Commercial Mediators

ASWM's Faculty of Commercial Mediators is accredited by the CMC as a mediation provider.

NOTE: ASWM cannot and does not warrant or guarantee the statements made in individual mediators' CVs.