Amanda Bucklow

Commercial Mediator

Commercial mediation for complex disputes

Strategic thinking. Commercial understanding.

More than three decades of mediation experience.

DISCUSS A MEDIATION

Accredited commercial mediator since 1996 · UK & international

When negotiation has stopped making progress

 

By the time a dispute reaches mediation, the issues are rarely just about the law. Positions may have hardened, communication may have become difficult and negotiations that once seemed capable of resolution may have stalled.

Mediation is not simply about finding a compromise.
Done well, it is a strategic process for making better decisions.

Experience that extends beyond mediation

Before becoming a mediator, I spent 14 years in international business. That experience still shapes the way I approach disputes today.

My commercial career included physical metals trading, international contracts and shipping, currency hedging, international sales and marketing, and responsibility for turning around an underperforming business division.

I negotiated as a buyer and a seller, worked across international markets and dealt with the everyday realities of commercial decision-making: margins, cash flow, risk, performance, relationships and the consequences when things do not go according to plan.

That experience matters in mediation. Businesses have to carry on doing business while disputes are being fought. Legal rights are important, but they sit within a much larger commercial picture.

I approach mediation not simply as a dispute-resolution process, but as a commercial negotiation in which legal rights form part of a wider picture.

Areas of mediation

Commercial disputes →

Construction →

Employment →

Wills, probate & inheritance →

Family business & shareholders →

Specialist experience

International & cross-border →

Financial services →

IT & telecommunications →

Transport & infrastructure →

Strategy matters

Successful mediation begins before the mediation itself.

Too much value can be left on the table before the mediation has even begun.

Good preparation is not simply about assembling the legal arguments. It means understanding the negotiation: the interests and pressures at play, the risks and alternatives, the assumptions being made, and where there may be value that has not yet been recognised.

I work with parties and their advisers before mediation to develop a clear strategy for the process, hone their objectives and consider how best to use the opportunity mediation creates.

Disputes are conducted through people, and people do not all think, communicate, process information or make decisions in the same way.

Understanding those differences is an important part of my work as a mediator.

Communication

People hear, interpret and respond to information differently. When communication has become difficult, changing how a conversation takes place can change what becomes possible.

Dynamics

Personality, emotion, history and power all influence negotiation. Recognising what is happening beneath the stated positions can help unlock conversations that have become stuck.

Neurodiversity

Different ways of processing information, communicating and making decisions may require different approaches to the mediation process. I adapt the process to enable effective participation.

Experience in difficult disputes

Some disputes are difficult because of their complexity. Others become difficult because of the people and dynamics involved.
Often, it is both.

Reading what is happening in the room — and knowing when and how to intervene — is an important part of my role.

Particularly useful in cases involving complex personalities, which she can read like a book.

Chambers and Partners 2018

If there is a deal to be done, I will help you find it.

Not every dispute can or should settle.

My task is not to persuade parties to reach an agreement at any cost. It is to create the conditions in which the issues can be examined properly, assumptions tested, options explored and informed decisions made.

Sometimes the process leads to an agreement neither side could see at the beginning of the day.

Sometimes the value of mediation is clarity.

Either way, the objective is the same: to make the investment in the process worthwhile.