When commercial disputes arise, the most important aspects include keeping focus on the end game and having clarity based on quality information. Frank Cassells has years of experience facilitating and resolving disputes, and is a nationally accredited Mediator who focuses on commercial disputes and negotiation. Everything we do is bespoke. We have the ability to tailor services and focus on the task at hand, bringing strategic thought, insight into human behaviour, and conciliatory skills to the table.
Our Mediation Services Include:
Facilitative Mediation:
- As a facilitative mediator we do not make recommendations to the parties, or give advice or opinion as to the outcomes of the case, or for that matter, predict what court would do in the case. The mediator is in charge of the process, while the parties are in charge of the outcome. When using facilitative processes, we want to ensure that the parties come to an agreement based on information and understanding. We predominantly hold joint sessions with all parties present so that the parties can hear each others points of view, but hold caucuses on decision made, rather than the parties legal advisers having the major influence.
Evaluative Mediation:
- An evaluative mediator assists the parties in reaching resolution by pointing out weaknesses of their position. We might make formal or informal recommendations to the parities as to the outcome of the issues. Often an evaluative mediation process is used by lawyers where they meet most often in separate meetings with the parties then employ 'shuttle diplomacy.' They help the parties (and the respective lawyers) evaluate their legal position and the costs vs. the benefits of pursuing a legal resolution rather than settling in mediation. When we use evaluative mediation we structure the process and tend to directly influence the outcome of mediation.
Investigative Due Diligence:
- Mistakes when making important business decisions occur when Due Diligence is poorly completed, or not completed at all. In an age when anyone can research via Google, real value is added by engaging professionals to conduct research. The answers and outcomes will then depend on the experience and creativity of that professional. Combining structure and experience with a creative and outcome driven focus can usually provide unexpected, positive information. Adding the human dimension to desktop research and information reviews results in a more accurate, better balanced and comprehensive understanding of the situation at hand. This ultimately empowers business owners to make better informed decisions.