No matter how many people you employ at your company, chances are it is somewhat like a family but with a variety of inner company issues that could arise; in fact, you may sometimes feel like you spend more time with employees than your own relatives due to a very busy schedule and projects that require intense attention. And no matter what kind of business you own, chances are you are also working with many different personality types. Strong bonds are created over time as different levels of teamwork and communication progress, but inevitably, disagreements will erupt too.
Unfortunately, some issues within your company may escalate to serious legal problems. This could entail legal action regarding employees or business partners, and depending on the details involved, a lawsuit could have serious repercussions to your business. Valuable and long-term relationships could be on the line. Heading to court could be the best course of action, depending on the case, but as you work with a business attorney experienced in both business litigation and alternative dispute resolution, however, they may suggest you try mediation first.
It is understandable that you or the other party may be angry over something that has occurred within the business and ready to battle it out in a court of a law. This path could be stressful for everyone involved though, as well as expensive. Pursuing litigation may also be extremely time-consuming, as well as public—and detrimental to your business. Mediation could be ideal for settling your case, and there are numerous benefits along the way, to include the opportunity to save a business partnership or keep an experienced employee on board for the long run.
The mediator, acting neutrally, helps you and the other parties involved reach an agreement that you can all live with. The process begins with the mediator meeting with everyone separately to gain an understanding of the case, and then setting a time and a place in a much more casual setting than the courtroom. Scheduling is much more flexible, and some mediations may even take place on weekends. The mediator can set a structured discussion for everyone involved, and if there is an impasse, they will often think up resourceful ways to help the parties begin to see eye to eye or reach a compromise.
Mediation is private, much more affordable, and gives those involved much more control over the outcome—with a less adversarial process. Once everyone has reached an agreement, the mediator is responsible for drawing up an agreement outlining the outcome of the process and any settlement involved. Once both parties sign the document, the mediation is considered enforceable, and they must abide by the agreement.
Attorney Shane Coons is highly skilled in all methods of ADR, to include mediation, arbitration, and California’s judicial reference system. If you have a legal issue and want to learn more about the best alternative dispute resolution process for your case, please call Shane Coons now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com.