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Our Commercial Services

Commercial Dispute Resolution Process & Procedure Centre – interMEDIATE Dispute Management

Resolve Commercial Disputes. Commercial Mediation, Australia wide and internationally.

At interMEDIATE Dispute Management, our reach is local and global and the flexibility in our approach is second to none. Distance is no longer an obstacle to attaining a suitable resolution to challenging commercial disputes.

Whether yours is a business partnership dispute, family business dispute, franchise dispute, strata title dispute, small, medium or large business to business dispute, we can help you to find resolution. Save your valuable time and money. Make robust agreements without litigation. Stay out of court. Mediation works.

We have a large team of Nationally Accredited Mediators with experiences from all areas of commerce to get you back to business.

If you would like to improve your communication to allow you to work effectively together, resolve issues with contracts that are no longer appropriate, get paid, improve services or products etc. we can help you to find practical workable solutions and get back to work. If that is not possible, we help you to settle your differences and part company amicably, without destroying each other in court, in cyberspace or in the business environment.

Our methods include:

• Face-to-Face
• Shuttle
• Face-to face using Online Dispute Resolution(ODR) with 2 mediators (ODR-Co)
• Telephone Dispute Resolution (TDR) with 2 mediators (TDR-Co)

The benefits of the Co-Model include:

• Procedural Fairness is established very quickly and creates an environment where efficiency of process and effective communicational guidelines lead to the creation of more robust agreements.
• Co-Model Dispute Management has led to agreements being reached between parties in less than half the time taken by Solo Mediation alone.
• Mediations using the ODR, ODR-Co, TDR and TDR-Co models save valuable time for our commercial clients and eliminate the added expense of travel.
• The disputing parties can remain in their workplaces or homes for the duration of the international mediation process.

Our Accredited Mediators understand that clear intentions and honest dialogue is a critical aspect in facilitating a positive outcome between businesses involved in a commercial dispute.

The acknowledgement of relevant issues, pressing concerns and the tactful management of misunderstandings forms the cornerstone for the mediation process to proceed with integrity.

Disputing parties are in an environment where structure and support allow for the shedding of armour and hostility. Options for resolution and active negotiation replace the stalemate between the parties. Agreements are forged that are built upon integrity and this leads to a much more satisfying alternative result that a court process could not have produced.

Due to the pro-activity that is actively encouraged, each party takes responsibility for their informed decisions. As a result, Mediated agreements have a very high compliance rate.

When required, we encourage legal advice prior to mediation. Should you be genuinely concerned about compromising your legal rights, legal advisors are permitted into the mediation setting, providing each party and the mediators, gives prior consent and that the legal advisors abide by the mediators’ ground rules – including confidentiality of process etc. Stay out of court.

Legal advisors in Mediation. Legal advisors are welcome in mediation. Whilst most parties are willing and able to negotiate together with the assistance of mediators alone, some feel the need to have their legal advisors to help ensure they are making decisions that are legally sound. The lawyer does not work as a legal representative, but as an advisor.

Mediation can avert the need for court which is destructive to commercial relationships, is horrendously stressful, time and energy consuming, and expensive. Court is not designed to resolve disputes, nor is it about justice. Court is there to interpret and apply the letter of the law, to pass judgement, make orders and/or impose a penalty. Often neither party is satisfied with the result, and the real dispute escalates as a result.

Mediation is private. Mediators’ notes are confidential, destroyed after the session, so cannot be subpoenaed, and importantly, you, your family, staff and other stakeholders, are protected from adverse publicity. Court, on the other hand is a lengthy, stressful, expensive and risky process where battles can end up in the media.

Confidentiality. New information gleaned through mediation cannot be used in any subsequent court process. Confidentiality is built into the Agreement to Mediate and all notes – the mediators’, parties’ (and legal advisors if applicable) are destroyed at the end of the mediation. Mediators cannot be subpoenaed to court.

Retain the business – with agreements that work. Commercial Mediation is non-adversarial. Benefits to commercial mediation include the ability for parties to repair and sometimes enhance their business relationship. They can get back to business much more quickly and easily than if they battled it out in court.

Save time and money. Non-productive time is reduced and managerial time can be used once again to drive and manage the business.

Your time is best spent running your business. Mediation is far less stressful and far less expensive than the adversarial, time consuming litigious court process. Mediation aims for a Win/Win outcome where parties decide the outcome, whereas court proceedings usually generates a Win/Lose outcome – often neither side is satisfied with a result dictated by a third party – Lose/Lose.

Legal Advisors in Mediation.

In some instances, legal advice prior to mediation may be sought.
If you are unsure about whether you may be compromising your legal rights, legal advisors can attend the mediation sessions providing each party has given consent.

Why stay out of court?

Mediation plays a vital role in repairing destructive commercial relationships without going to court. The sheer expense along with the psychological distress for all parties can be negated by using mediation.

The role of the court is not to take note of the intricacies of a disagreement between two commercial entities, it exists to interpret and apply the letter of the law and to pass judgement. Orders and penalties can also be handed down and subsequently, neither party is satisfied with the result often causing further escalations.

Mediation is private. Mediators’ notes are confidential and cannot be subpoenaed, and importantly, you, your family, staff and other stakeholders, are protected from adverse publicity. Court, on the other hand is a lengthy, stressful, expensive and risky process where battles can end up in the media.

Confidentiality.

New information gleaned through mediation cannot be used in any subsequent court process. Confidentiality is built into the Agreement to Mediate and all notes – the mediators’, parties’ (and legal advisors if applicable) are destroyed at the end of the mediation. Mediators cannot be subpoenaed to court.
Retention of business relationships. A key benefit of Commercial Mediation is that adversarial behaviour is nullified in favour of developing purpose driven dialogue that assists each party to repair and sometimes restore a business relationship.

What this means for parties involved in mediation:

• Non-productive time is reduced between parties
• Managers can initiate more proactive time driving and improving business.
• Save time and money – giving you time back in your business

Mediation aims for a Win/Win outcome where parties decide the outcome therefore avoiding the litigious atmosphere and expense, of the court system. A court exists to issue a Win/Lose outcome – where neither party is satisfied with a result dictated by a third party – Lose/Lose.

Intellectual Property Rights for Intellectual Property Mediation

Resolve intellectual property issues without litigation with interMEDIATE Dispute Management’s World Intellectual Property Organisation (WIPO) mediators
InterMEDIATE Dispute Management, Intellectual Property (IP) mediation. Our specialist IP mediators are registered World Intellectual Property Organisation (WIPO) panel neutrals.

We assist parties to resolve their disputes related to copyright that include those of performing artists in their performances, producers of CDs, and those of broadcasters in radio and television programs.

InterMEDIATE Dispute Management, Intellectual Property (IP) mediation. Our specialist IP mediators are registered World Intellectual Property Organisation (WIPO) panel neutrals.

We assist parties to resolve their disputes related to copyright that include those of performing artists in their performances, producers of CDs, and those of broadcasters in radio and television programs.

  • Intellectual Property (IP) Mediation has an average 80% success rate in parties reaching agreement that they can live with.
  • An imposed decision (through court or arbitration) can usually only ever satisfy 50% of parties, and often neither is happy with the order.
  • When people feel they are forced to comply, decisions are often not popular with either partyConsider this case:One very satisfied Client from the IT industry reflects upon the whole proceedings afterwards: “The mediation produced enormous savings in legal fees; the supplier’s costs were less than one third of what it would have cost just to prepare the defence document if the dispute had litigated. While there is little doubt that, if litigated, this dispute would have been settled, it would have taken another 18 months to reach the same point. With the supplier’s day rates for consulting and senior project staff being more than $1,500 per day, litigation would have represented a considerable waste of effort and loss of potential revenue. “The mediators were aware that before the dispute, the parties were barely on speaking terms. The mediation helped to re-establish the failed relationship. Maybe the biggest benefit was that the mediation helped to clarify issues a lot faster than litigation, enabling both parties to make a sensible assessment of their legal and commercial risks. Even if the mediation had not produced a settlement, it still would have been regarded as a success for this reason alone.

Changing the world, one peace at a time!

Trusted by organisations and families since 1995, we can help you to resolve your dispute and move forward. With our team’s, more than 380 years combined dispute management expertise, our caring and competent professional team is here for you during and after hours, 7 days a week. We’ll come to you, arrange a convenient neutral venue or provide services by telephone and internet to guide all parties towards reaching peaceful resolution.

find out more about how we can help you find peace & resolution in fraught relationships.