Civil & Commercial Mediation
Civil & Commercial disputes can disrupt business operations, damage relationships and absorb valuable management time in addition to having substantial cost implications. Mediation provides a pragmatic and commercially focused forum for resolving disagreements while protecting future interests.
Our lead mediator, Nick Cheshire brings extensive commercial and legal experience to each mediation, having worked in-house as an international commercial contracts manager for major multinational organisations, as well as working for several regional and international law firms including Foot Anstey and Gowling WLG. During his corporate career, Nick negotiated and managed high-value, complex commercial agreements across a wide range of jurisdictions. He has extensive experience as a negotiator coupled with an excellent knowledge of contract and IP law. Nick has a post-graduate diploma in law and legal practice and is a member of the World Commerce and Contracting Association. Nick brings this knowledge and experience with him into each mediation.
If you would like to instruct Harbour Mediation or would like to discuss your matter in confidence to determine if mediation is a suitable option, please contact us.
Types of Civil and Commercial disputes we mediate
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
Conflicts regarding contract interpretation and breach of contract claims.
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.
Contractual debts and unpaid invoices
One of the most common forms of disputes arises when invoices and debts go unpaid causing financial strain on your business and potentially damaging impacts on business relationships.
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, opposition proceedings and brand protection disputes.
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.
Music industry and creative arts disputes
Disputes regarding music and performance rights, publishing rights, copyright and financial arrangements.
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.
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
Relationship issues, allegations of breach of duty, misuse of company assets or conflicts of interest matters or any other related disputes between company directors.
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 and 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.
Landlord and Tenant disputes
Including rent and financial matters, property condition and maintenance issues, landlord and tenant relationship breakdown matters.
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.
Debt and Insolvency Disputes
Debt related 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.
Inheritance, 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.
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 disputes, trustee appointments and retirements, administration issues, TOLATA related disputes and beneficiary claims.
Proprietary estoppel claims
Often involving lifetime promises relating to property or business interests.
Mediation can help preserve relationships and avoid the public nature of litigation.
Mediation can work particularly well in the early stages of a commercial dispute, before it 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 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 your needs
High success rate — 93% according to the CEDR Audit 2025
Harbour Mediation is based in the heart of the South West on the Dartington Estate near Totnes, Devon 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 in person at any suitable location chosen by the parties, whether elsewhere in the South West or nationwide. It is also increasingly common to conduct mediations online.
Contact us for a confidential discussion about your matter and next steps.
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