In volunatry Commercial Mediation, the ‘Balance of Convenience’ is a practical, commercial, and, at times, strategic consideration used to determine the timing, format, and structure of the Mediation to ensure that it is effective for both Participants.

It involves assessing the logistical and economic advantages of conducting Mediation against the potential disruption to business, i.e. it is about how to make the Mediation process as efficient, accessible, and least disruptive as possible to the Participants’ business operations.

A balance must be struck between early Mediation (which saves costs but may lack sufficient information), and later Mediation (when Participants may have become entrenched and costs have already escalated).

Mediation offers the convenience of scheduling at a mutually convenient time and place, often using separate, private rooms for each party and a central room for joint sessions.

The process is designed to be a ‘long day’ (often 8-14 hours) to maximize the chance of settlement, weighing the costs of the mediation itself against the far greater expense and risk of litigation.

To minimize disruption, Mediations are often held at a neutral venue or the offices of one of the Participants’ solicitors.

The freedom to agree the scheduling of Mediation, is of course a benefit of Mediation over Litigation, because a judge may impose a rigid Trial Timetable that is not convenient, i.e. which causes disruption to the business operations of one or more of the Participants.