Legal disputes can flare up quickly in any arena, but businesses are often involved with substantial finances at stake, and all parties involved may hope for successful resolution. Lawsuits may erupt with outside parties or from within, and can lead to drawn-out, expensive battles. Serious legal situations can eat up countless hours as well as an enormous amount of dollars and are usually accompanied with massive amounts of stress for everyone involved if the dispute is particularly adversarial. As a business owner, you may be aware that going to trial over a legal matter can be a major commitment. In exploring available options, all parties involved may decide that alternative dispute resolution (ADR) methods such as mediation, arbitration, or judicial reference are the better route.
Mediation is a well-known alternative to litigation and is welcomed by many individuals and companies who not only dread the idea of sitting in the courtroom but may also hope to proactively preserve relationships that have been long-term and could even have the potential for continuing after the legal matter is settled. Whether or not the mediation is going to be successful begins with the choice of a proper mediator. Your party may choose an individual to act in this neutral role, or you may even allow the others to decide to start the proceedings off on a good foot.
The mediator will often speak with both parties separately at first to understand the case better and how resolution can best be sought. Their role is to help you reach an agreement, not to decide the case for you. Mediators may have their own style depending on their personality and years of experience, but they may also may tailor a method to the mediation based on the case. Most cases in mediation are successful, due to numerous reasons:
The process offers great flexibility overall, allowing everyone to decide the best way possible to come to a mutual compromise. The location may be in a much more relaxed and casual venue, and scheduling could be even less conventional as some mediators will even agree to meet with the disputing parties in the evenings or on weekends. The mediation experience can also be a learning experience in problem solving that many carry on with them in life. Costs are exponentially less, as is the time usually needed to reach a resolution. Once everyone agrees, authorized parties are asked to sign the documents drawn up by the mediator who then passes them on to the court. They are then considered to be bound to the agreement and must follow through on everything decided during the mediation.
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.