Business & Commercial Mediation

Resolving Disputes Efficiently and Amicably

Value and Benefits

  • Mediation is an efficient, effective alternative to litigation to resolve business disputes. Mediation provides an opportunity for the parties to understand the perspectives and forces driving each other.


  • In litigation the judge makes the decision. In a mediated case, the parties work with each other to develop a way forward that considers each of their interests. Mediation is joint problem solving.


  • Given the long lead times to have cases adjudicated, mediation can be a faster way to resolve issues.

Outcomes

  • An agreement or way forward meeting many of the interests of each party is the desired outcome of a mediation. The agreement make take the form of a formal memorandum of understanding or it may be an informal summary of what is to occur when. It is recommended that some type of written document is produced (by the mediator) so there is material that can be referenced in the future.


  • The relationship between the parties is maintained. There is a higher possibility that the relationship between the parties is safeguarded because the parties’ disagreement is not handled by a contentious court battle but by constructive, candid discussion. 


  • If a agreement does not occur, the parties are better informed about each other interests and motivations.

Explore Some Example Cases:

  • Resolving Conflicts Between Pinpoint LLC's New Product & Service Departments

    Pinpoint LLC is a small business that offers products and service on the products they sell.  The New Product Department has proposed a new offering to management but the Service Department has serious concerns about the product’s ability to deliver and long-term maintenance issues.  Though the firm has many successful products, this proposed product is seen to be the way of the future. The relations between the New Products Department and Service Department have deteriorated to the extent that progress on any new product is jeopardized. Management has decided to engage a mediator to facilitate discussions between the two departments not only to clear the logjam between the two but also oversee an objective discussion of the questionable new product.

  • Mediating Service Quality Issues Between ABC Enterprises & QQQ Inc.

    ABC Enterprises, a 12,000 person firm located in four locations across New England has outsourced its information technology support to QQQ Inc., a national vendor.  In the past six months, there have been many complaints about the responsiveness and quality of QQQ’ s support service.  QQQ Inc. would like to address the problems and turn around the service quality but at recent meetings ABC Enterprises has focused on hot ad hoc support issues rather than a methodical way to improve service. QQQ Inc would like to engage a mediator to assist in problem solving discussions with ABC Enterprises.  

  • Mediating Lease Discussions Between Acme Service & Harbour Products

    Two firms, Acme Service and Harbour Products have shared rental space for over five years.  Each firm has fifteen years remaining on their individual leases. In the past twelve months, Acme Service’s business has quadrupled and it would like to take over 35% of Harbour Product’s space.  Harbour Products is comfortable in its space and doesn’t want to give it up but they are having financial challenges and a reduction in lease costs would be beneficial.  Harbour Products would like a mediator to assist in discussions with Acme Service.

  • Mediating Community Tensions for Lowell's Local Yogurt Shop Owner

    A frozen yogurt shop has established business in an historic part of Lowell, Maine.  The shop is part of a national brand but the Lowell franchise is owned by a local native.  Other shops in the vicinity are upset by both by the garish signage the yogurt shop has installed and the fact that a national chain has established a presence on the town’s Main Street.   The local owner of the yogurt shop has tried to address the concerns of his fellow business owners but last night his window was broken and the words “You are not wanted in the town” were spray painted on the store front.  The local owner is asking for a mediator to help him work out issues with the community and its businesses

Frequently Asked Questions

  • How does a mediation session work?

    • In order to prepare for the session, it is typical that the mediator discusses the situation with each party.  This preparation work is usually done on the phone though in-person interviews may also take place.
    • The mediator then schedules a session at a mutually agreeable time for all parties.
    • Once the meeting is convened, the mediator will ask each party to describe the issue that brought them to the mediation.  Each party has ample time to describe their perspective.
    • After each party has shared his/her perspective, the mediator will open the session for questions.  At this time either the parties or the mediator may ask questions.
    • Sometimes the mediator may ask to speak to each of the parties privately so that sensitive questions may be asked or perhaps to explore an area on which the mediator may want additional understanding.  If these private sessions occur, the information shared by the party with the mediator is considered confidential unless the party gives the mediator permission to share it with the other party.
    • As all the pertinent information is shared, the mediator will steer the discussion to alternatives with the intent that the parties identify productive steps by which they can move forward to a resolution. 
    • Typically the mediator will document the agreement for the parties. 

  • What are the roles of the mediator?

    The mediator is responsible to:

    • Ensure that each of the parties explain the situation from their perspective;
    • Arrange logistics of the mediation including location and time;
    • Structure the mediation session so it is well organized, constructive, and supportive of each party;
    • Not  judge, evaluate, or give advice; 
    • Help the discussion move forward enabling the parties to identify mutually agreeable resolutions
    • Look for ways to move discussions forward if the discussions stall or even breakdown. 
    • Memorialize the agreement in writing and provides copies to each party. 
    • Keep all information disclosed in preparation meetings or the the mediation itself confidential.  The mediator may NOT be called to give testimony in legal proceeding regarding the mediation. 

  • Who is responsible for the costs of business/commercial mediation?

    Responsibility for the costs of mediation depends on the situation. If both parties see the benefit and are anxious to resolve the dispute, they may agree to split the costs. If one party is anxious to resolve the issue and the other one isn’t but will participate, perhaps only the party initiating the mediation pays. The mediator will work with you and the parties to identify alternatives and a decision.


    In general, however, you can proceed with mediation to share information, discuss alternatives, and arrive at an agreement. The resulting informal, though written, agreement can remain as a memorandum of settlement understanding between the two parties or attorneys can be approached to explore how to best put the weight of the law behind the agreement. 

  • May I have the benefit of my attorney at the mediation?

    Though mediation is often undertaken outside the courts, parties are encouraged to get the advice of their attorneys. Attorneys may be present at the mediation table or parties may consult them outside the session. The parties are also encouraged to have their attorneys review either formal or informal agreements.

  • How long does mediation take?

    The length of time depends upon the topics, the people, and the time available. Sometimes it takes as little as an hour while other times it extends across multiple sessions across several weeks. Other parties have planned for a focused day or weekend to explore issues, alternatives and how to go forward. The mediator will discuss options with you as the session is planned.

  • When will we know the outcome of the mediation?

    The outcome of the mediation is up to the participants so by the end of the mediation resolution or how to go forward is typically identified.

  • Where does the mediation session take place?

    The location of the mediation is decided by the participants and the mediator.  It is best to have a comfortable location with bathroom facilities and perhaps break out rooms.  If the session is expected to be long, provisions for refreshments and/or meals may also be planned.

  • What is a co-mediator?

    Many times the mediator will arrange for a second mediator to assist in the session.  It is often helpful to have the second mediator help with noting information on flipcharts or tracking issues so nothing is missed. The cost for an additional mediator are reviewed at the time parties discuss fees with the prime mediator.