Disputes are inevitable in business. They can arise at any time even under the best of circumstances and might involve vendors, employees, or your partners or members of your board of directors. Dispute can be difficult to resolve and tend to be time-consuming, expensive, and a disruption for your business.
One of the most common approaches to resolving a dispute is litigation. Taking the matter to court can bring an end to a dispute, but this often takes a long time, costs a lot of money, and can be damaging to the reputations of everyone involved.
Luckily, there is a better option. Mediation can help you resolve disputes more effectively.
How does the mediation process work for businesses and why is it considered the better option?
Mediation is a Faster process
According to statistics, mediation has a settlement rate of nearly 90 percent and about a three quarters of the cases resolved successfully are completed within a single day. Mediation also makes it possible to save money in legal fees, avoid wasting time, and promote long-term mutually beneficial relationships once the dispute is resolved.
Mediation Gives Disputing Parties Control
When you go to court to resolve a business dispute, you put your fate into the hands of a judge. The judge’s goal is to be impartial and offer a solution that seems fair, but he or she has relatively limited knowledge of your business. The best people to resolve a dispute are those directly involved and who are directly affected by the outcome.
In commercial mediation, both parties agree to bring in a mediator who oversees the process and facilitates a resolution. This person has no authority to levy a decision and cannot even force parties to participate in the process. The parties involved in the dispute remain in total control of the situation.
Mediation is Private
Mediation is an entirely confidential process, which can be especially beneficial for businesses hoping to protect their reputations. Nothing discussed in mediation can later be used against either party in litigation and nothing is made public unless the parties both agree to release the information. The agreement can even be confidential if the parties so choose.
Mediation offers a facilitative and respectful means by which to resolve business disputes. When a matter is resolved in the courtroom, it is all but guaranteed that parties will walk away combatants. After all, one is a winner and the other a loser.
With mediation, it is possible for everyone to feel as though they have won and the process is not considered a success until everyone is satisfied with the outcome. This makes it not only possible but also probable that mutually beneficial relationships will continue to exist beyond the dispute. Additionally, parties have the tools needed to avoid conflict in the future and to resolve problems on their own if they should arise. Mediation is truly one of the most beneficial tools available for businesses.
If you would like to know more about how mediation can help your business, contact R.E. Thompson at 505-848-1821.
R.E. Thompson | Dispute Resolution
www.thompsonmediationgroup.com
Child abuse cases can be very challenging. They frequently include issues that pose challenges to effective prosecution including the lack of hard evidence. They typically do not have any third-party eyewitness testimony and can contain unambiguous medical or physical evidence. There might be delays in disclosing a crime, or contradictory or inconsistent statements and recantation given by victims.
Allegations of child sexual abuse tend to be extremely complex to prosecute and to defend. These cases often require specialized knowledge about children’s reactions to sexual abuse, as well as proper forensic interviewing procedures. This is the only way for a jury to accurately weigh evidence in these cases. And despite most jurors having at least some accurate knowledge regarding specific issues of child sexual abuse, there are still a great many gaps in their knowledge. An expert witness can help to strengthen the case an attorney is presenting and make it easier for a jury to make an informed ruling.
Conflicts often involve a great deal of tension and emotion. This means it can be tough to think clearly and make smart decisions, even if you would usually be capable of acting reasonably. Conflict causes your high order mental processes to go haywire and cause you to have aggressive reactions that escalate a problem. The reason for this is feeling helpless and scared, but the outcome is a conflict that has spiraled out of control.
What are your deepest values and/or priorities? For instance, does one party value time while the other values money? Is one person looking for a strong bond that comes through honesty while the other just wants to avoid an argument, even if it means a shallower connection? Does someone value creativity while the other one value competency? Identifying priorities can help you determine each person’s point of view and can help you help each person understand themselves and their dispute partner better.
The best way to avoid construction problems is to have clear contracts that set out the rights and responsibilities of both parties. Carefully read through the contracts and negotiate favorable terms in case a problem does arise.
Some project managers make the mistake of pre-paying for work or paying too much for the amount of work that has been completed. Funds that are advanced should not exceed the value of work that has been completed.
If there are add-ons or change orders, be sure that you get these contract changes in writing. Your contract probably requires changes to be in writing, so be sure you follow this directive.
If you have a problem that cannot easily be resolved through direct communication or negotiation, mediation is an effective way to resolve disputes that arise during construction projects that allow the parties to maintain the contract and work together to resolve the problem. Selecting the right mediator is pivotal to the successful resolution of your case. Neil Robertson has extensive experience mediating construction and commercial matters and can help you resolve your dispute in an amicable manner.
One of the biggest benefits of mediation is the ability of the parties to create terms of an agreement that may not otherwise be available through litigation. For example, the parties may agree to modify the contract, agree to future business together or agree to use a particular subcontractor as a way to resolve the conflict. Keep an open mind and be flexible to get the most out of the mediation process.
Family mediation continues to grow in popularity for couples that are divorcing and dealing with other legal disputes. The process makes it easier to resolve conflict and reach agreements about custody, financial matters, and other issues.
The next step allows the mediator to familiarize him or herself with the situation. The mediator typically meets with each party individually and assesses whether mediation is suitable for the circumstance. The mediator will determine if both parties are entering mediation in good faith and whether they will be able to make headway. Mediation is a voluntary process, but this does not mean everyone will enter the process willing to negotiation. The part of the mediation might occur in a separate meeting or on the same day as the mediation but earlier.
If mediation proves successful in resolving the family’s issues, the mediator will draft a record which summarizes the issues discussed and the resolutions decided upon. If mediation makes progress but has not fully resolved the matter, the mediator will document what was resolved and what is still outstanding for an upcoming session.
Mediation helps you resolve legal matters more efficiently. It is often used in family law, but it can be appropriate for a variety of different legal matters. The process utilizes a neutral third-party, called the mediator, who works with both sides to try and resolve issues. The use of mediation has become increasingly common, either by choice or per the court’s orders. But despite the popularity of mediation, there is a lot misinformation out there regarding the practice, how it works, and whom it benefits.
Mediation is voluntary, but it is sometimes required by the court. How can it still be voluntary if this is the case? It is the mediation attempt that is required, not the resolution. Some jurisdictions require couples to attempt mediation in their divorce before they directly involve the court in their divorce agreements, but if they are not able to settle matters on their own, litigating their divorce is still an option.
Mediation means it will take longer to settle a legal dispute. The opposite is actually true. Mediation might not offer an immediate resolution, but it makes it possible to resolve legal disputes in a matter of weeks, as opposed to months or years. Keep in mind; the disputing parties are, in many ways, in control of how long the process takes. The more willing they are to work efficiently the more likely they can resolve the matter quickly.
It is possible for a general practice firms to provide some intellectual property services, but your best bet is to work with a lawyer who practices exclusively in the intellectual property arena. He or she would not only have the education and training needed to handle cases such as this, but it might also be possible to call on previous experience to help in defending your rights. Intellectual property cases can be extremely complex and you want to be working with a legal professional who is qualified to help you.
It does not matter if you want to enforce your company’s intellectual property rights or defend against allegations of that you violated another business’s rights, one of the most important decisions you make as a business owner is choosing an intellectual property lawyer who suits your business and the situation in which you find yourself.