Specialist Mediation Panel
Commercial & Contract Disputes Panel

Independent mediators for commercial disagreements where contracts, payments, performance, business relationships or strategic interests have become difficult to resolve through direct negotiation alone.

Contract Disputes Payment & Performance Business-to-Business Agency & Distribution Supply Chain Professional Services
Commercial Resolution

Specialist mediation for disputes that affect business

Commercial disputes rarely exist in isolation. A disagreement about contractual performance can quickly affect cashflow, management time, supply relationships, reputation and the prospects of future business between the parties.

The Echelon Commercial & Contract Disputes Panel brings together mediators suited to resolving business-to-business and other commercial disagreements through a structured, confidential and commercially focused mediation process.

The mediator does not determine who should win the dispute. Their role is to help the parties examine the issues, understand the practical and commercial risks surrounding the disagreement, test possible routes to settlement and, where possible, develop terms that the parties themselves consider workable.

Panel Expertise

Commercial disputes the panel can support

Every dispute is assessed individually. Typical matters may include one or several of the following areas.

01

Contract Performance

Disagreements concerning contractual obligations, standards of performance, deliverables, interpretation, delay or alleged breach.

02

Payment & Debt

Disputed invoices, non-payment, deductions, payment terms, set-off, disputed charges and disagreements over sums said to be due.

03

Supply & Service Agreements

Problems involving suppliers, customers, outsourcing, service delivery, procurement arrangements and continuing commercial relationships.

04

Agency, Distribution & Commercial Arrangements

Disputes involving agency, distribution, reseller and other commercial arrangements, including performance, contractual expectations, termination and continuing obligations.

05

Professional Services

Disputes concerning professional appointments, scope, performance, fees, expectations or the commercial consequences of alleged service failures.

06

Ongoing Business Relationships

Disputes where preserving, restructuring or bringing an orderly end to a commercial relationship may be as important as the financial issues themselves.

Commercial Perspective

More than a discussion about the legal dispute

Legal rights and contractual arguments may be central to a commercial dispute, but they are rarely the only factors influencing settlement.

Businesses may also need to consider payment timing, operational continuity, future supply, confidentiality, management resources, reputation, commercial dependencies and the cost and uncertainty of continuing the dispute.

Mediation creates space for those wider considerations to form part of the settlement discussion while leaving legal advice and decision-making with the parties and their professional advisers.

A commercially focused process can help parties:

  • identify the issues that genuinely prevent settlement;
  • test assumptions about each side’s position and priorities;
  • consider financial and non-financial settlement terms;
  • explore staged payments, revised obligations or practical adjustments;
  • preserve commercially valuable relationships where appropriate;
  • reduce the management time consumed by an escalating dispute; and
  • retain control over whether and on what terms settlement is reached.
Our Mediators

Commercial & Contract Disputes Panel

Mediator appointments are considered according to the nature, complexity and circumstances of the dispute. Individual mediator profiles set out professional registrations, accreditations, experience and areas of particular practice.

Peter Kerry - mediator
Peter Kerry
CMC Registered Mediator · ADR Group Accredited Mediator

Experienced accredited and registered mediator. He has a wide commercial experience across various management roles including director, in the construction, engineering and entertainment sectors. He has extensive life experience having lived and integrated with several cultures in South America and Australia for 11 years and dealt with negotiations with government ministers and officials.

View mediator profile →
Panel Standards

Choosing an appropriate mediator

The most appropriate mediator is not necessarily determined by the value of the claim alone. The issues, parties, commercial context and dynamics of the dispute all matter.

Independence

Mediator appointments are subject to appropriate independence and conflict checks before the mediation proceeds.

Relevant Experience

Where specialist commercial or sector understanding is useful, the nature of the dispute can be considered when identifying an appropriate mediator.

Process Fit

The mediator and format should be proportionate to the dispute, the parties involved and the practical requirements of the mediation.

Appointing a Mediator

How the process begins

1

Initial enquiry

Tell Echelon briefly about the nature of the dispute, the parties involved and the anticipated mediation format.

2

Conflict & suitability checks

Relevant information is considered before an appointment is confirmed, including independence, availability and suitability.

3

Mediator appointment

Once the parties agree to proceed, the mediator, proposed timetable, format and fees can be confirmed.

4

Preparation & mediation

The parties receive the necessary process information and prepare for the mediation in accordance with the agreed arrangements.

Panel Insights

Commercial & Contract Dispute Guides

Explore practical guidance from the Commercial & Contract Disputes Panel on contract breakdown, payment disputes, settlement strategy, mediation and the commercial issues that commonly arise when business relationships come under pressure.

Commercial Mediation

Considering mediation for a commercial dispute?

The panel sits alongside Echelon Dispute Resolution’s commercial mediation service for business-to-business, contractual and related commercial disputes.

Parties, solicitors and professional advisers can contact Echelon to discuss mediator availability, the appropriate format and practical arrangements before deciding whether to proceed.

Useful next steps

Learn more about the mediation process, review current fees or contact Echelon about a potential appointment.

Commercial Mediation →

Mediation Fees →

Contact Echelon →

Frequently Asked Questions

Commercial & Contract Disputes Panel FAQs

When is commercial mediation suitable?

Mediation can be considered at many stages of a commercial dispute, including before proceedings are issued and while proceedings are already underway. Suitability depends on the circumstances, issues and parties involved. Taking legal advice may be appropriate where questions about legal rights, limitation or procedural steps arise.

Does the mediator decide which party is legally right?

No. A mediator does not act as a judge or arbitrator and does not impose a determination. The mediator manages a structured negotiation process through which the parties decide whether settlement is possible and what terms they are prepared to accept.

Can solicitors attend the mediation?

Yes. Commercial mediations frequently involve solicitors and, where appropriate, other professional advisers. The appropriate attendance arrangements can be agreed as part of the preparation for the mediation.

Can commercial mediation take place online?

Yes. Echelon provides online mediation as well as in-person mediation. The most suitable format will depend on the dispute, participants and practical circumstances.

Is a settlement reached at mediation binding?

The mediation process itself does not impose a binding outcome. Where the parties reach agreement, the settlement terms can be formally documented. Parties should obtain appropriate legal advice on the drafting and legal effect of any settlement documentation where required.

Commercial & Contract Disputes

Discuss appointing a mediator

If a commercial dispute has reached an impasse, contact Echelon Dispute Resolution to discuss the issues, mediator availability and the practical options for arranging mediation.