When a business dispute arises, it can prove very difficult to solve fairly for both sides. Depending on the details of the conflict in question, both sides may have difficulty seeing the perspective of the other party or understanding how to fairly resolve the conflict, even if both parties wish to do so. Without the proper tools and guidance, all parties may suffer.
It is often useful to use a mediator to help resolve these conflicts. A mediator doe not replace independent legal counsel for either party. Instead, a mediator provides experienced, neutral guidance for both parties in a private environment, assisting both sides in reaching a fair compromise so that the parties can finally move on from the conflict.
If you choose to use mediation in your business dispute, it is wise to create a pre-mediation contract to protect the interests of all parties involved. Such a contract can help ensure that you and the other party or parties all enter the mediation session with compatible understandings of and expectations for the process.
In broad strokes, these contracts lay out who will perform the mediation and how binding the results of mediation are, determine how each party will share the expense of the mediation itself and establish mutual good faith toward resolving the conflict between the parties entering mediation.
Don’t risk unnecessary legal and financial complications when it comes to business disputes. An experienced attorney can help you understand the legal issues at hand and ensure that your rights remain secure as you work to resolve your dispute and move on to new, more lucrative business opportunities in the future.
Source: FindLaw, “Mediation vs. Arbitration vs. Litigation: What’s the Difference?,” accessed March 16, 2018