ClearPoint Commercial Mediation

Overview

ClearPoint Commercial Mediation is a structured, confidential process that helps parties resolve disputes with the assistance of an independent mediator.

The mediator does not decide the dispute, impose an outcome or provide legal advice. Their role is to help the parties identify the issues, explore settlement options, narrow disagreement and, where possible, reach a practical resolution.

Mediation may be suitable where parties want to avoid unnecessary litigation costs, preserve a commercial relationship, resolve a dispute quickly, or narrow the issues before further proceedings.

How the Process Works

1. Submit a Mediation Request

A party submits a short mediation request to ClearPoint.

The request should identify:

• the parties;

• the nature of the dispute;

• the approximate value of the claim;

• the current stage of the dispute;

• whether proceedings have been issued;

• any urgent dates or deadlines; and

• whether the mediation is requested online, in person or by hybrid format.

2. Suitability Review

ClearPoint reviews the request to consider whether the dispute appears suitable for mediation.

ClearPoint may consider:

• whether both parties are capable of participating;

• whether the dispute is sufficiently clear;

• whether mediation is premature;

• whether further information may be needed first;

• whether another process may be more appropriate; and

• the likely duration and format of the mediation.

Where appropriate, ClearPoint may recommend mediation, a Resolution Pathway review, Early Neutral Evaluation, expert determination or another process.

3. Invitation to the Other Party

If the request is made by one party, ClearPoint may invite the other party to participate.

The mediation will only proceed if the required parties agree to mediate.

Participation in mediation does not require any party to settle.

4. Agreement to Mediate and Payment

Once the parties agree to proceed, ClearPoint confirms:

• the mediation format;

• the applicable fee;

• the mediator appointment process;

• document requirements;

• timetable;

• attendees; and

• authority to settle.

The parties may be asked to sign a Mediation Agreement and pay the required fees before the mediator is appointed.

5. Mediator Appointment

ClearPoint appoints an independent mediator from its panel.

The mediator is selected having regard to:

• the nature of the dispute;

• the amount in issue;

• the legal or commercial context;

• the mediator’s experience;

• availability;

• independence; and

• any preferences expressed by the parties.

The mediator must be independent and impartial.

6. Pre-Mediation Preparation

Before the mediation, each party will usually provide:

• a short case summary;

• key documents only;

• a list of main issues;

• names and roles of attendees;

• confirmation of authority to settle; and

• any practical needs, such as interpretation, accessibility or online attendance requirements.

The purpose is to prepare the mediation efficiently, not to create a litigation bundle.

7. Preliminary Arrangements

The mediator or ClearPoint may hold a short preliminary call where helpful.

This may deal with:

• the structure of the mediation;

• attendees;

• document issues;

• timing;

• confidentiality;

• settlement authority;

• whether joint meetings are appropriate; and

• any practical concerns.

8. Mediation Session

The mediation may take place online, in person or by hybrid format.

The mediator may use:

• joint meetings;

• private meetings;

• shuttle discussions;

• written exchanges;

• staged negotiation; or

• any other format suitable for the dispute.

The mediator may help the parties test assumptions, explore commercial realities, identify risks, narrow issues and develop settlement options.

9. Settlement or Outcome

The mediation may result in:

• full settlement;

• partial settlement;

• payment terms;

• revised contractual arrangements;

• issue narrowing;

• agreement to exchange further information;

• agreement to refer a technical issue to expert determination;

• agreement to proceed to ENE, arbitration or litigation;

• adjournment to a further mediation session; or

• no settlement.

A settlement is only binding if recorded in writing and signed by or on behalf of the parties.

10. Post-Mediation Follow-Up

Where appropriate, the mediator may remain available for limited follow-up after the mediation.

This may include:

• communicating revised offers;

• clarifying agreed terms;

• arranging a further session;

• recording next steps; or

• helping the parties narrow unresolved issues.

Substantial follow-up work may require an additional fee.

Types of Disputes

ClearPoint Commercial Mediation may be suitable for a range of civil and commercial disputes, including:

Commercial and Contract Disputes

• breach of contract;

• termination disputes;

• supply of goods or services;

• commercial agreements;

• disputed contract terms;

• performance issues;

• payment disputes.

Business and Company Disputes

• shareholder disputes;

• partnership disputes;

• director or founder disputes;

• business separation issues;

• investor or stakeholder disagreements;

• internal commercial conflicts.

Debt, Invoice and Payment Disputes

• unpaid invoices;

• disputed fees;

• account balances;

• service charge disputes;

• debt and counterclaim disputes;

• payment plan negotiations.

Professional Services Disputes

• disputes involving consultants;

• professional fees;

• service quality complaints;

• retainer or scope disputes;

• client/provider disagreements.

Property and Real Estate Disputes

• commercial landlord and tenant disputes;

• lease disputes;

• rent arrears;

• dilapidations;

• property management disputes;

• development or occupation issues.

Construction and Project Disputes

• small and medium construction disputes;

• defects;

• delay;

• payment disputes;

• project delivery disagreements;

• contractor/client disputes.

Technology and Digital Services Disputes

• software development disputes;

• platform or digital service disputes;

• IT implementation issues;

• licensing or service level disputes;

• failed project delivery.

Employment, Workplace and Consultancy Disputes

Where suitable, mediation may assist with:

• consultancy disputes;

• senior exit discussions;

• workplace commercial conflicts;

• restrictive covenant or settlement discussions;

• contractor or freelancer disputes.

ClearPoint may decline matters requiring a specialist statutory, safeguarding, regulatory or urgent legal process.

Who Conducts the Mediation?

The mediation is conducted by an independent mediator appointed by ClearPoint.

ClearPoint mediators may include:

• accredited commercial mediators;

• barrister mediators;

• solicitor mediators;

• senior disputes practitioners;

• sector specialists; or

• legally trained neutrals with relevant commercial experience.

The mediator’s role is to remain neutral and assist the parties in exploring resolution.

The mediator does not:

• decide the dispute;

• provide legal advice;

• represent either party;

• impose a settlement;

• assess prospects of success as a judge would; or

• force any party to agree.

Parties may attend with solicitors, counsel, experts, insurers, interpreters or other advisers where appropriate.

Core Principle

ClearPoint Commercial Mediation is designed to be focused, confidential and proportionate.

The aim is not to turn mediation into litigation.

The aim is to give parties a structured environment in which they can understand the dispute, explore practical solutions and decide whether resolution is possible.