Understanding the need for commercial mediation with landlord and leasing adjustments
Did you know that up to 97% of court matters are resolved through a mediated settlement? So why not avoid the litigation process and mediate?
In light of Sunday night's announcements from the Prime Minister, the uncertainty that now stands for commercial landlords and tenants has been heightened. While some of us will struggle or worry about paying the rent with decreased income and others are now fearing that vital payments may soon cease; these indeed are worrying times for all involved in commercial property.
So, how can commercial landlords navigate these continual adjustments and changes that affect you personally, along with our tenants? This is where I can help, through a customised mediation service.
Appointing a mediator during this time will not only relieve you of the financial burden that a legal case can ensue. But will also enable you to equally include and engage all parties involved; enabling a mature, speedy and constructive discussion.
Mediation vs Litigation
In uncertain and ever-changing times, such as these, mediation offers a cost-effective way to resolve commercial disputes. Whereas not only is litigation a more expensive and time-consuming process, in my opinion, people just do not want to be litigating during these already turbulent times.
Mediators vs Lawyers
Mediators are different from lawyers. We do not represent sides due to our commitment to remaining impartial and working independently. It is essential to keep in mind that as a mediator, I can not talk too much about the issue itself. This allows you to be represented or underrepresented while we work together.
In simple terms, mediation is quick and allows you to maintain your autonomy in the issues' decisions and outcomes. Being a flexible and creative approach; when compared to lawyer involvement, I can take the time to understand the situation of all parties involved and make meditated suggestions that consider nuances present in the case; personalising the process to each.
Facilitative and Evaluative Mediation in the Commercial Property World
In situations involving commercial property and landlords, I aim to utilise facilitative mediation to enable an open and constructive brainstorming and discussion session with all parties involved. This is my preferred form of mediation for these situations as it brings all parties together, and I am able to purely offer support and facilitate open conversations to solve sensitive issues.
Whereas, evaluative mediation will see you ask me for my professional legal opinion, which I share with all parties involved; ensuring to abide with privilege and the advice I provide is an evaluation of outcomes.
It is not a mediator's role to provide legal advice, so if you wish to engage in evaluative mediation, it is suggested that you are represented or have some prior legal advice.