Many commercial disputes are arguably better suited to being mediated by an accountant than by a lawyer.
Those with experience of mediation or litigation will know that, although legal argument will always be important, there are often other key drivers in any negotiated settlement. Often each party to a dispute will think it has the stronger case and each may be encouraged in that belief by their legal advisers.
That said, most solicitors will also freely admit that going to trial can be a lottery.
For that reason, having a mediator with a good understanding of the legal framework but whose strength is his commercial awareness and financial expertise, can maximise the chances of a successful outcome.
Mediation is not simply about horse-trading but often financial aspects of a case can be of as much relevance as the legal aspects. Indeed financial expertise will be particularly relevant to:
- Accountancy fee disputes
- Accountancy negligence claims
- Disputes arising from the purchase or sale of accountancy practices
- Disputes in relation to Completion Accounts or Deferred Consideration on a business sale
- Disputed debts
- Insolvency related disputes
- Tax disputes
- Fraud cases