Mediation is an extremely effective method of alternative dispute resolution used outside of courtrooms around the US. Allowing for a more casual forum, the goal of mediation is for the parties involved to come to an agreement with the help of a neutral mediator. Their role is to get the process underway with all parties authorized to settle the matter, educate them regarding how mediation works, make sure everyone is heard, and offer discussion and solution for reaching a resolution. Once that happens, and all parties agree, the mediator can document the resolution in a thorough, written agreement which then becomes binding.
The litigation process can be necessary, but also extremely adversarial. In the court setting, all parties involved are pitted against each other—with the goal often just being to win, no matter what. Hashing it out in court can be very time-consuming, enormously expensive, and all within the public eye. The process is usually not conducive to protecting the relationship between the plaintiff and defendant whatsoever, and if your legal issue revolves around business and involves a client, partner, employee, or vendor, you may not be sure you are ready to completely burn that bridge.
In mediation though, the discreet setting allows for more relaxed discussion—and in their neutral capacity, the mediator works diligently to prompt the parties to resolve the issues rather than fight over them. This process is usually much less stressful for everyone due to the privacy afforded, along with the chance to find a solution tailored exactly to the needs of those involved—and the simple fact that everyone agreed to mediation and showed up is an indication that they care about the relationship at hand. If you are a business owner worried about the outcome of a dispute, mediation may save you enormous time and money, and in the end even preserve a valuable business relationship as you are able to work through the conflict. Conversely, the process may also convince you that you do not want to work with this individual or business again, while still allowing to reach a resolution more easily, and then walk away.
Do you have questions about a current business dispute and how to resolve it? If so, please contact Attorney Shane Coons, highly skilled in all methods of ADR, to include mediation, arbitration, and California’s judicial reference system. Our law office represents clients involved in a wide range of businesses and legal issues, and we would be glad to review your case and help you explore your options. Call now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com.
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