A professional and experienced commercial mediator

Commercial Mediator for Shareholder, Partnership and Business Disputes

What I Mediate

Shareholder Disputes

Shareholder disputes are among the most complex mediations because they combine legal rights, commercial value, personal relationships and future business decisions. The parties often have a history together that makes straightforward negotiation almost impossible without a skilled neutral. I mediate in disputes involving exclusion from management, misuse of company funds, unfair treatment of minority shareholders, exit and buyout disagreements, and breaches of shareholders’ agreements. Many of these disputes are closely connected to unfair prejudice petitions and derivative actions, and my experience as a barrister in this area gives me a deeper understanding of the legal framework within which parties are negotiating.

Partnership Disputes

Partnership breakdowns are often as much about trust and relationship as they are about money. I help parties in business partnership disputes move beyond entrenched positions and identify solutions that protect the underlying business while resolving the conflict between the individuals. My work in this area includes disputes over profit sharing, exclusion, exit and dissolution, and disagreements about the direction and management of the business.

Family Business Disputes

Family business disputes require a particular kind of mediation. The commercial and legal issues are layered over long personal histories, loyalty conflicts, succession tensions and unresolved grievances that can span generations. I have my own experience of involvement in a family business, and I understand how these disputes operate on multiple levels simultaneously. That experience shapes the way I approach family business mediation, creating an environment where parties can speak openly and begin to identify solutions that address the real issues, not just the legal ones.

Commercial Contract and Business Disputes

I mediate in a wide range of commercial disputes, including contract claims, debt disputes, professional negligence matters, technology and IT contract disputes, and business-to-business conflicts of all kinds. I have also mediated disputes involving landlord and tenant matters, director guarantees, and employment and workplace issues. Two examples: a bitter dispute between a supplier and a major technology company that looked certain to reach court, which I resolved successfully with the supplier being granted a new two-year contract; and a four-year shareholder dispute between two business partners that settled at mediation.

Who I Mediate For

I mediate for business owners, shareholders, directors, partners, family business members, companies and individuals involved in serious commercial disputes. Clients come to me at different stages: some before proceedings have been issued, when there is still an opportunity to resolve matters quickly and privately; others after litigation has begun and the parties have reached a point where they recognise that a negotiated outcome is preferable to the cost and uncertainty of trial.

I am also instructed by solicitors and law firms to act as mediator in their clients’ disputes, and I am available for both in-person and remote mediations throughout England and Wales.

What Is Commercial Mediation?

Commercial mediation is a structured, confidential process in which a neutral third party helps disputing parties reach a negotiated settlement. Unlike litigation or arbitration, mediation is voluntary and the mediator does not impose a decision. The parties retain control of the outcome.

Mediation typically takes place over one day, though complex disputes may require longer. The mediator meets with the parties together and separately, helping them understand each other’s positions, identify common ground, and work towards a settlement that both sides can accept.

The confidentiality of mediation is one of its most important features. What is said in mediation cannot be used in subsequent litigation, which encourages parties to speak more openly than they might in a formal legal setting.

Courts now actively encourage mediation, and an unreasonable refusal to mediate can carry costs consequences in litigation. The sooner mediation is considered, the more it can save in legal costs, management time and commercial disruption. You can read my thoughts on the question of when it might ever be right to refuse mediation here.

Why My Background Makes a Difference

Most commercial mediators come from a legal background. I do too, but I also have something most do not: real experience of running businesses, sitting on boards, dealing with shareholders, and going through a commercial dispute of my own that settled at mediation.

Before qualifying as a barrister and mediator, I worked as a money market trader in the City, then built and sold three technology businesses, and served as an equity-holding director of one of the UK’s leading online price comparison sites for over thirteen years. I have been a founder, an employer, a shareholder and a director.

That means when a business owner sitting in a mediation room tells me about a breakdown with a co-founder, a partner who has stopped contributing, or a dispute that is threatening to destroy something they built over decades, I understand that at a level that goes beyond the legal framework. I can dig behind the stated positions to help parties identify what they actually need, and what solutions might genuinely work for them in practice.

As a practising barrister with deep experience in shareholder and business disputes, I also understand the legal context within which mediation takes place. I know how courts are likely to approach these cases, what the risks of litigation look like in reality, and how to help parties make clear-eyed assessments of their positions without the distortion of entrenched thinking.

My Approach to Mediation

I create an environment in which parties feel able to speak openly about what is really troubling them, not just the legal arguments, but the commercial concerns, the relationship dynamics, and what they actually want from the future.

I test positions where that is needed. If a party is overestimating the strength of their case or underestimating the risks they face, I will work to help them see that more clearly, because realistic assessments are the foundation of durable settlements.

I focus on interests rather than positions. Parties often come to mediation locked into stated positions that seem irreconcilable. What they actually need from a resolution is frequently much closer together than those positions suggest. My job is to help them find the path from one to the other.

I am also a signatory to the Green Pledge of the World Mediators Alliance on Climate Change, reflecting my broader commitment to conducting my practice responsibly.

If You Need Representation at Mediation

If you are going into mediation and need someone to represent your interests rather than act as a neutral, I also act as a mediation advocate. This is a distinct role from mediator, and I do not act in both capacities in the same dispute. As a mediation advocate, I help clients develop a clear settlement strategy, prepare their position, and manage the negotiation during the day itself to maximise their outcome.

What My Clients Say

“Robin puts wanting to find a solution before anything else. I wish I had met him four years ago.” Andrew Carmichael, Managing Director, Creative Process

“Thank you so much for yesterday, you are without doubt the best. I am so grateful that you persevered.”

“Sensitive and professional leadership of the mediation.”

“Thoughtful, observant and a positive contributor to the process.”

“I heard today that you were great. It is great to be proven wrong that the mediation would be unsuccessful.”

“A diligent and reliable professional. Invaluable. Perceptive, thorough and inclusive.”

“I highly recommend Robin Somerville. He is incredibly calm, helpful, and patient, with excellent communication skills. He creates a safe and supportive environment, ensuring that both parties feel heard and respected.”

See all testimonials.

Published Resources

My book Winning at Commercial Mediation is a practical guide to preparing for and succeeding in commercial mediation. It covers how mediation works in practice, how to develop a settlement strategy, how to manage offers and concessions, and the common mistakes that lead to poor outcomes or failed mediations. It is designed for business owners, directors and advisers who want to approach mediation with clarity and purpose rather than simply turning up and hoping for the best.

My book The Shareholder Disputes Handbook is also relevant for parties approaching mediation in ownership and control disputes, covering the legal framework within which those negotiations take place.

See all books.

Frequently Asked Questions

What is the difference between a mediator and an arbitrator?

A mediator is a neutral who helps parties reach their own negotiated settlement. A mediator does not impose a decision. An arbitrator is a neutral who hears the parties’ cases and makes a binding decision, much like a judge. Mediation preserves party control over the outcome; arbitration does not.

Is mediation confidential?

Yes. Mediation is conducted on a without prejudice basis, which means what is said during the mediation cannot generally be used as evidence in subsequent litigation. This confidentiality is one of the most important features of the process and encourages parties to speak more openly than they might in a formal legal setting.

What happens if mediation fails to reach a settlement?

If mediation does not result in settlement, the parties are free to continue with litigation or other dispute resolution processes. Nothing said during the mediation can be used against them. Many parties find that even an unsuccessful mediation narrows the issues and moves the case closer to resolution.

How long does commercial mediation take?

Most commercial mediations take place over one day, though complex disputes may require longer. Preparation in advance of the day, including position statements and document review, is an important part of the process.

Can courts require parties to mediate?

Courts cannot compel parties to mediate, but they strongly encourage it and an unreasonable refusal to mediate can result in adverse costs orders even for a party that wins at trial. The courts’ approach to mediation has become increasingly firm in recent years.

What types of dispute are suitable for commercial mediation?

Most commercial disputes are suitable for mediation, including shareholder disputes, partnership disputes, family business disputes, contract and debt claims, professional negligence matters and employment disputes. The main exception is where a party genuinely needs a legal precedent or injunctive relief that only a court can provide.

Do you mediate outside London?

Yes. I am based in London but conduct mediations throughout England and Wales and will travel as required. Remote mediations via video conference are also available where appropriate.

Take the Next Step

If you are involved in a commercial dispute and want to explore whether mediation could help resolve it, or if you are a solicitor looking for an experienced mediator for your client’s matter, I would be glad to discuss your requirements.

The sooner mediation is considered, the more value it can deliver. Early involvement allows me to help shape the process and the strategy in a way that maximises the prospects of a successful outcome.

Call 020 4538 0246, use the contact form below, or book a call directly.