Commercial disputes arise wherever there is a business relationship,
whether it is about non performance of a contract, breach of
contract, misinterpretation of a contract, different business
expectations, loss of money, misrepresentation, misleading and
deceptive conduct, trading disputes, delays in performance, non
payment, quality issues, intellectual property disputes, product
liability, personality and cultural conflicts or an inability to
conclude an agreement or work together on a project. It may extend
to enforcement of guarantees or default of loan agreements.
disputes benefit most from mediation and particularly from
facilitative mediation where the mediator assists the parties to
concentrate on what is in their best business interests.
Tiernan Mediation’s philosophy is “Seeking Solutions, Building
A protracted court case is not only expensive, time consuming,
stressful and distracting but the result is usually unsatisfying
because the court makes a decision on the narrow legal issues before
it without consideration of what business outcome the parties want.
Mediation puts the parties in control of the dispute.
For Example, a contractual dispute between a manufacturer and a
distributor can be resolved by the court applying the law to the
court’s interpretation of different versions of events. Mediation,
however can explore the underlying causes of the dispute, clarify
the business goals of the parties, implement solutions to improve
the way parties were doing business with each other and may lead to
a long term, mutually profitable business relationship.
Mediation gives the parties an opportunity to reflect on why they
were in business in the first place, to work on creating mutual
benefit out of that relationship or if the relationship is over to
extract themselves from disputation in a mutually constructive way.
Where to now?
Speak to a mediation expert
Often the best way to get the answers you need is to speak to an
expert. Click here to contact one of our
mediation experts via our contact forms or please call us on +61 3
Organise an initial consultation
A face-to-face consultation gives you the opportunity to discuss
your mediation issue with professionals who deal with and resolve
these issues on a daily basis.
It gives you a chance to ask any questions you may have and for a
member of our team to gain background and provide you an insight
into the issues that you are facing.
For more information please call us on +61 3 9947 4541 or send us an
firstname.lastname@example.org. We are here to help you resolve