Mediation
Navigating and protecting your Intellectual Property
Constructive resolution of complex commercial disputes
Mediation in practice
Mediation is a flexible and informal process but structured enough to support progress towards settlement. The mediator acts as a neutral facilitator, assisting the parties in working out an agreement. The parties remain in control of the decision to settle and the settlement terms.
A typical mediation takes between half a day and two days. The most recent UK mediation statistics show that 70% of disputes settle on the day and 17% shortly afterwards. This is in stark contrast to litigation, which typically starts at six figures and takes months or years.
Litigation and mediation compared
When comparing commercial litigation and mediation, the differences are striking. Litigation typically stretches over years, while mediation can be resolved in just days.
The cost disparity is equally significant: litigation expenses are high and can vary hugely, whereas mediation costs usually remain in the low four figures and are far more predictable. Privacy is another crucial distinction: litigation proceedings are public record, while mediation remains confidential. In terms of being heard, litigation offers limited opportunities for parties to express their concerns, whereas mediation places listening and understanding at the heart of the process.
Perhaps most importantly, litigation results in court-imposed outcomes with limited options, while mediation enables creative solutions where parties retain control over the resolution.
Finally, litigation often damages relationships and makes future collaboration unlikely. By contrast mediation preserves and even strengthens business relationships, creating potential for continued partnership.
New technologies bring advantages but also new and unexpected ways of breaking down. For instance, when a novel dual-fuel ship engine fails after several months at sea, is the failure a responsibility of the engine designer, the manufacturer, or the operator? To compound the problem, if the parties have relied on a template agreement that wasn’t suited to the project, the contract provides little clarity. With every day the ship spends in dry dock while the parties argue, commercial pressure mounts. In such situations, a dispute quickly escalates. Often, the parties see no alternative but litigation, with its long timescales and high costs.
Mediation offers a constructive way of resolving disputes without resorting to litigation or damaging long-term relationships. What matters is not apportioning blame but finding a workable solution. At Brázdová IP we help parties move from breakdown to resolution.
Disputes are rarely just about contracts or deliverables. The stated facts of a dispute often mask issues such as misaligned expectations, reputational risk, or the emotional strain of a project that mattered. In founders’ disputes in particular, it is not uncommon that both parties have the same goal but are unable to see past their respective positions.
At Brázdová IP we understand this dynamic. Our mediation approach focuses on the commercial aspects but is also informed by human insight. Veronika Brázdová is a CEDR accredited commercial mediator. She also draws on her training in Internal Family Systems (IFS), a model that deepens her understanding of how people respond under pressure. In a space where all parties feel heard and respected, constructive dispute resolution becomes possible.
Mediation services in Hertfordshire and Cambridgeshire
Brázdová IP is based in St Albans, particularly well placed to work with enterprises in Hertfordshire, Cambridgeshire, and Bedfordshire. We also work with clients across the UK, throughout Europe, and further afield.
