Commercial mediation, run by barristers who try these cases.
CEDR and CMC accredited barrister mediators for contract, shareholder, partnership, professional negligence and post-M&A disputes across England and Wales.
Commercial mediation is the fastest, most cost-effective way to settle a business dispute. A single day, a written agreement, and — in the overwhelming majority of cases — a resolution that leaves both sides better off than a trial would.
Clerk&Counsel arranges CEDR and Civil Mediation Council accredited mediators for commercial parties, in-house counsel, and instructing solicitors across the UK. Every mediator on our panel is a practising commercial barrister, so the reality-testing in caucus is grounded in how the case would actually run in the Business & Property Courts or the County Court, not just facilitation theory.
The Court of Appeal in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 confirmed the courts' power to compel parties into ADR, and costs sanctions for unreasonable refusal to mediate are now routine. Mediating early — often before or shortly after issue — is now the commercially and legally sensible default.
Commercial disputes we cover.
For construction and engineering matters we field specialist TCC-experienced mediators via our construction mediation page. For workplace and employment disputes see our workplace and employment mediation services.
- Contract disputes — breach, interpretation, termination, repudiation.
- Shareholder and partnership disputes, including unfair prejudice petitions (s.994 CA 2006) and LLP fallouts.
- Professional negligence claims against solicitors, accountants, surveyors, financial advisers and consultants.
- Post-M&A warranty and indemnity disputes, earn-out and completion account arguments.
- IT, software and outsourcing disputes.
- IP and confidential information claims where preserving a commercial relationship matters.
- Debt disputes above the small-claims track.
- Insurance coverage disputes.
How a commercial mediation runs.
The mediator sends a short brief to each side around a fortnight out, setting the exchange dates for position statements and any expert or accounting evidence. On the day the mediator holds a joint opening (usually 20–30 minutes), then moves into private caucus with each team. Offers are carried between rooms; the mediator will pressure-test each side's case in confidence.
Most commercial mediations conclude with signed heads of terms by early evening. Where proceedings are on foot, the agreement is turned into a Tomlin order in the following days.
Fixed, transparent mediator fees.
Fees are quoted as a fixed per-party sum for a full-day (up to 8 hours) session, split equally between the parties unless otherwise agreed. Preparation time and any second-day rate are set out in writing before the booking is confirmed. There are no hourly overruns and no additional clerks' fees.
Book a commercial mediator in weeks, not months.
Send us a two-line summary of the dispute, the amount in issue and your preferred window. Two or three suitable mediators, availability and a fixed fee — within one working day.
Common questions.
What is commercial mediation?
Commercial mediation is a confidential, without-prejudice negotiation of a business dispute, facilitated by an independent mediator. It is used for contract disputes, shareholder and partnership fallouts, professional negligence, IT and IP claims, and post-M&A warranty disputes — usually resolved in a single day.
How does commercial mediation work?
Position statements and a core bundle are exchanged in advance. On the day, the mediator holds a short joint opening then moves into private caucus with each side, testing arguments and shuttling offers. Most commercial mediations reach signed heads of terms by the evening; the agreement is binding on signature and can be turned into a Tomlin order in existing proceedings.
Is commercial mediation mandatory in the UK?
It is not strictly compulsory, but the Civil Procedure Rules require parties to consider ADR, and the Court of Appeal in Churchill v Merthyr Tydfil CBC [2023] confirmed that judges can compel parties into mediation. Unreasonable refusal to mediate routinely leads to costs sanctions at the end of the case, even for the winning party.
How long does a commercial mediation take?
Most commercial disputes are mediated in a single full day (up to 8 hours). Higher-value or multi-party matters may run to two days. Position statements and core bundles are usually exchanged 5–7 days beforehand.
How much does commercial mediation cost?
Fees are quoted as a fixed sum per party for a full-day session, split equally unless the parties agree otherwise. Rates scale with the value and complexity of the dispute — typically £1,500–£5,000+VAT per party for a full-day mediator fee, with preparation and any second day quoted separately upfront.
Is a mediated commercial settlement enforceable?
Yes. The written settlement agreement signed at the end of the mediation is a binding contract. Where proceedings are already issued, it is usually recorded as a Tomlin order and filed at court, allowing either party to enforce the terms without starting fresh litigation.