Yes, any dispute can be mediated. While mediation is suitable for most cases, it may be particularly productive in certain circumstances:
We mediated a case where a project owner filed an arbitration claim against three of its contractors. Such multi-pronged cases with different limbs of claims, or cases containing claims and counterclaims, give the parties different avenues to trade and bargain."
Mike McClure KC
Where the parties have a commercial relationship but operate in different regions, getting them in the same room with a mediator to help can make a real difference."
Chris Parker KC
In a 'he said, she said' situation, mediation allows the parties to retain control and cut out the uncertainty which would come with arbitrating such a case."
Gitta Satryani
Mediation can build bridges for future collaboration beyond the confines of the conflict."
Olga Dementyeva
Where a claimant operates in a smaller market, proposing mediation and settling amicably may help prevent a litigious image."
Gitta Satryani
Mediation can be very effective in disputes where the main issue is quantum rather than liability, and a trained mediator can be very effective in bridging the gap."
Craig Tevendale
When arbitration costs are high, the increased chance of settlement may outweigh the costs of the mediation. If, say, a £50k mediation increases the chance of avoiding an arbitration projected to cost £5 million in legal fees even by just 5%, attempting mediation still makes sense on an expected value basis"
Rutger Metsch
Mediation can be effective at encouraging settlement in disputes where emotions have run high and the parties refuse to negotiate bilaterally to save face. In one such dispute, our client became willing to engage in settlement discussions because of the presence of an independent third party, and the ensuing mediation successfully resulted in a settlement."
Craig Tevendale
Disputes with multiple heads of claim as they allow for various bargaining chips
Where parties operate in different regions and the right mediator can help transcend cultural and language barriers
Disputes with highly uncertain outcomes
Where the parties have a commercial relationship outside of the context of the dispute
Where parties operate in a smaller market
Where the main issue is quantum
Where arbitration costs are projected to be high, particularly if there is no or limited fee shifting
Where the parties refuse to negotiate bilaterally