Dispute Resolution

Facilitation, Mediation and Arbitration

Teasing out core issues and guiding parties to durable resolution in commercial disputes without costly litigation.

Resolving Commercial Impasses Without Expensive Litigation

When parties are in dispute it can be difficult to identify the relevant issues at the core of the impasse.

Jon works proactively with parties to tease out the issues that are important to them and find a resolution without having to resort to expensive litigation. It begins with Jon bringing the parties together in a confidential setting (with or without advisors) to initiate a discussion about the issues at hand.

Drawing on more than 35 years at the forefront of commercial dispute resolution and litigation, Jon knows that courtroom battles often destroy commercial relationships and generate enormous financial and emotional strain. Mediation provides a structured, discreet, and legally robust forum to regain control and achieve a binding commercial settlement.

Proven Resolution in Key Dispute Scenarios

Jon’s many years of experience has found lasting resolutions in:

Commercial & Contractual Disputes: Contract interpretation, supply chain disagreements, and breach of agreement claims.
Partnership & Joint Venture Breakdowns: Deadlock between partners, equity valuations, and commercial separations.
Shareholder & Director Disputes: Minority oppression claims, voting impasses, and fiduciary disagreements.
Building & Construction Controversies: Delay claims, defect controversies, and contractor-principal negotiations.
Property & Commercial Leases: Tenancy terminations, development alignments, and covenant disputes.
Estate & Succession Conflicts: Intergenerational probate controversies, contested family inheritances, and trust disputes.
Professional Indemnity Matters: Complex claims involving legal, accounting, and engineering practices.

The Mediation Process

Jon conducts mediations and arbitrations under strict confidentiality protocols. The process typically entails:

  1. Confidential Pre-Mediation Review: Reviewing position statements and conducting private preliminary discussions with legal advisors and key decision-makers.
  2. Issue Distillation: Clarifying core commercial drivers, hidden grievances, and factual disagreements to cut through posturing.
  3. Facilitated Joint & Private Sessions: Combining open dialogue with private caucusing to test options, explore settlement structures, and preserve working relationships where possible.
  4. Enforceable Heads of Agreement: Assisting parties and their legal counsel to document binding, definitive settlement terms before concluding the session.

Discuss Your Matter with Jon Clarke

All preliminary enquiries are treated with the highest degree of professional discretion and confidentiality.