Civil & Commercial Mediation

Disputes arise in many commercial contexts, but court proceedings are not the only way to resolve them. Mediation offers a confidential, flexible and cost-effective approach that allows participants to retain control over the final agreement.

Mediation can work particularly well at an early stage, before a dispute escalates and positions become entrenched. It is equally effective after legal proceedings have commenced, and is frequently encouraged by the courts. Mediation is a voluntary process and all participants must agree to take part.

The CEDR Audit 2025 reported that 93% of mediations were successful, either on the day or shortly thereafter.

Harbour Mediation is based in the heart of the South West on the Dartington Estate near Totnes with easy access by train and car to Exeter, Plymouth, Bristol and the wider South West region. We are happy to travel to conduct the mediation at any suitable location chosen by the participants, whether elsewhere in the South West of England or nationwide. It is also increasingly common to conduct mediations online. Contact us for a confidential conversation and to discuss next steps.

Commercial & Contract Disputes

Commercial disputes can disrupt business operations, damage relationships and absorb valuable management time. Mediation provides a pragmatic and commercially focused forum for resolving disagreements while protecting future interests. Below are some examples of the commercial and contract disputes that we can assist you with:

Breach of contract claims
Including disputes over performance, non-performance, termination, delay and repudiation.

Contract interpretation disputes
Where parties disagree on the meaning or effect of contractual terms.

Supply chain and distribution disputes
Including issues relating to pricing, exclusivity, delivery obligations and termination.

Professional services disputes
Disagreements involving consultants, agents or service providers over scope, fees or standards of performance.

No matter the nature of the contract dispute, mediation allows the parties to explore creative solutions, preserve business relationships and avoid the uncertainty of litigation.

Debt Recovery Disputes

Debt recovery disputes often involve cash-flow pressures and strained commercial relationships. Mediation offers a constructive route to resolving payment issues while maintaining goodwill and essential business relationships.

Unpaid invoices and contractual debts
Disagreements over liability, quantum or payment terms.

Disputed debts
Where the underlying contract, quality of goods or services is contested.

Guarantees and indemnities
Including disputes over personal or corporate guarantees.

Settlement and repayment arrangements
Mediation can assist in negotiating structured repayment plans or commercial compromises.

Mediation can be particularly effective before proceedings are issued, but can also resolve matters swiftly once court action has begun.

Partnership & Shareholder Disputes

Disputes between business owners can be highly disruptive and emotionally charged. Mediation provides a confidential forum to address underlying issues and explore exit or continuation strategies.

Partnership disputes
Including profit sharing, decision-making, retirement, expulsion and dissolution.

Shareholder disputes
Disagreements over control, management, dividends, deadlock and minority shareholder rights.

Director disputes
Allegations of breach of duty, misuse of company assets or conflicts of interest issues.

Valuation and exit disputes
Including share buy-outs and business succession planning.

Mediation can help parties preserve value, manage risk and reach commercial outcomes not available through the courts.

Construction & Building Disputes

Construction disputes often involve multiple parties, technical issues and escalating costs. Mediation provides a focused and efficient way to resolve disputes without project disruption.

Defects and workmanship disputes
Allegations of poor quality work or failure to meet specifications.

Delay and disruption claims
Including extensions of time and loss and expense claims.

Payment disputes
Interim payments, final accounts and retention issues.

Professional negligence
Claims involving architects, engineers, surveyors and project managers.

Mediation can be used during a project to keep works moving or after completion to resolve final account disputes.

Property & Land Disputes

Property and land disputes can quickly become costly and entrenched. Mediation allows parties to reach practical solutions while avoiding lengthy litigation.

Boundary and neighbour disputes
Including rights of way, access, encroachments and nuisance claims.

Co-ownership disputes
Including beneficial interests, trusts of land and sale of property claims.

Development and land use disputes
Including options, overage agreements and restrictive covenants.

Mediation can preserve relationships and achieve outcomes tailored to the specific property and parties involved.

Wills, Probate & Trusts Disputes

Disputes involving estates and trusts are often emotionally sensitive and legally complex. Mediation provides a respectful, private environment to resolve disagreements without the stress of court proceedings.

Inheritance (Provision for Family and Dependants) Act 1975 claims
Claims for reasonable financial provision by spouses, children, cohabitants or dependants.

Will validity disputes
Challenges based on lack of capacity, undue influence, lack of knowledge and approval or improper execution.

Construction and interpretation of wills
Disagreements about the meaning or effect of will provisions.

Trust disputes
Including trustee conduct, administration issues and beneficiary claims.

Proprietary estoppel claims
Often involving lifetime promises relating to property or business interests.

Mediation can help preserve family relationships and avoid the public nature of probate litigation.

Intellectual Property Disputes

Intellectual property disputes can pose serious commercial risks and reputational concerns. Mediation offers a confidential and flexible means of resolving these disputes.

Copyright disputes
Including ownership, licensing and infringement issues.

Trade mark disputes
Infringement, passing off and brand protection claims.

Confidential information and trade secrets
Misuse of confidential data or breach of non-disclosure obligations.

Licensing and royalty disputes
Disagreements over scope, payment and termination of IP licences.

Mediation allows parties to protect valuable IP assets while avoiding public litigation and preserving commercial relationships. The Intellectual Property Enterprise Court actively promotes mediation as a form of alternative dispute resolution for intellectual property disputes.

The Benefits of Mediation

Mediation offers significant advantages across all dispute types:

• Lower costs than litigation

• Faster resolution, often within a single day

• Reduced stress through a non-adversarial process

• Confidentiality, protecting privacy and reputation

• Flexible outcomes tailored to the parties’ needs

• High success rate — 93% according to the CEDR Audit 2025

Contact us for a confidential discussion about your situation and next steps.