Highlights of 2009 - Mediation
Mediation has developed its own rhythm now and the frequency of repeat users means that the nature of our work is often different from those pioneering days of the early years of the decade. It is easier to get down to the nub of the issues and parties and advisers tend to come even better prepared and able to engage in well structured and effective negotiations.
Most mediations are completed within one day with only a few enduring into the late evening. For those for whom mediation is an innovation and who need to know more before deciding, our without commitment initial discussions continue to provide confidence and information.
While the recession inevitably brings with it a slow down of commercial activity, we have seen a number of significant construction-related disputes come to mediation in 2009 and also those with banking or financial services components. Cases of alleged professional negligence and otherwise arising out of professional services remain prominent, while difficulties in the workplace have led to an increase in structured multi-layered employment mediation. Disappointment over earn out provisions in company acquisitions can lead to complex and uncertain disputes which have been ideal for mediation.
We expect 2010 to see mediation in a greater number of corporate and professional disputes as clients, insurers, contractors and others look for cost effective and quick solutions. And we believe that more and more organisations will deploy mediation as they seek to preserve relationships and manage the downside risks of prolonged antagonism at work.
Recent issues in Core mediations include:
- Renewable energy project
- Planning applications
- Infrastructure schemes
- Construction contracts
- Public private partnership issues
- Share purchase and business acquisition
- Taxation on receivership
- Corporate banking recovery
- Client relationships in professional services
- Management in organisations
- Agricultural partnership arrangements
- Corporate restructuring
- Alleged professional negligence by architects
- Damages claim for personal injury and loss of property
- Partnership cessation