There is an alternative to going to court that could be the least painful (and least expensive) option for you or your business when facing a business dispute. It is mediation. No matter which side of the issue you are on, there can be lot of uncertainty about what will happen in litigation. The thought of going to court may have you asking yourself, ”What will this do to my business’ reputation” or, “How long will this take?”We were recently approached by the owners of a five-year business who realized they were at an impasse and needed a prompt resolution. We were engaged as the mediator and were able to facilitate the buyout of one owner by the other in two weeks.
What is Mediation?
Mediation is a way to settle a legal dispute outside of the courtroom. It’s a chance to stop arguing and start negotiating.
What happens during Mediation?
To help resolve a legal issue, a mediator will:1. Discuss privately the details of the dispute with both parties individually, finding commonalities and points of agreement between both sides.2. The mediator will then help each of you to evaluate your options and prepare to negotiate.3. Finally, you will meet together in the same room and work together to find a solution.Remember: the mediator will be there to offer suggestions and solutions, but will not be the decision-maker. In the end, you and the other party will need to both agree to abide by a formal contract that resolves the dispute.
Choosing mediation saves you:
1. Money. Mediation can save you a lot of attorney fees and costs.
2. Time. Trials are not only expensive, but lengthy as well. They keep you away from your work and business, and are often taxing on personal and family life. Time spent in mediation pales considerably in comparison to time spent in court, so consider mediation as an option.
3. Relationships. Using a mediator to come to a legal agreement can help preserve ongoing relationships between both parties. It is also offers an environment for apologies and agreements to cooperate in the future. Those are things you won’t likely get to discuss in the courtroom.
What Mediation is NOT:
1. A decision made by somebody else. If you go through with a trial, someone else will be doing the deciding for you. Usually there is one winner and one loser. Keep control of the outcome by choosing mediation.
2. A Lack of Justice. Feeling you’ve been wronged by someone can make negotiating seem like a bad option. And if the other person “gets away with it,” where is the justice? Using a mediator will help both parties move past the emotions of the case, see the issues clearly, and solve the problem at hand through proper and just negotiation.
Mediation has been a positive experience for many people in situations just like yours. Sumsion Business Law offers mediation and various cost-effective solutions to your legal problems. Schedule a meeting today to discuss your case by calling us at (801) 375- 2830.