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Conflicts and disputes are part of every day business life. The
Chinese character for conflict means both "danger" and
"opportunity". How you deal with them is the important issue. The
opportunity is to resolve the dispute in a positive way. Many
typical disputes faced by businesses are good candidates for
resolution by Alternative Dispute Resolution and especially
mediation. Advantages of mediation over traditional litigation and
why it should be the first choice for resolving business disputes
include:
- Control the outcome: You make the decision. The settlement, if any,
will be decided by the parties, not imposed by a judge or
arbitrator. This greatly reduces the fear that is likely to be
present when the dispute is large enough to threaten the solvency
of the business or its owners. It also for commercially reasonable
settlements outside of what might be imposed by a judge or an
arbitrator
- Control the process: The parties will select the mediator and
decide which issues will be addressed, when sessions will be
scheduled and how fees will be apportioned. In short, you design
the process and it can be well defined and predictable.
- Save costs: In mediation, your business lawyers acts in a
consultative or coaching role, with you or your executives normally
participating directly in the mediation. In contrast, business
disputes in court can results in lawyers assuming the important
decision-making role.
- Deal with the real issues: Parties can discuss the true problems
and issues in dispute, including personalities, rather than arguing
about each side's best legal points. The result often is that a
better, more honest solution is reached, which leaves participants
feeling better, not worse.
- Discuss technical issues: Issues which may be too complex or
technical for a judge to grasp in the rushed atmosphere of a
courtroom can be handled in mediation.
- Speed: Mediation can be scheduled and likely concluded as quickly
as the parties need.
- Confidentiality: Control unwanted publicity. Mediation avoids
public exposure of business mistakes, internal problems and trade
secrets. This is a significant benefit. Because of many sensitive
issues, a local or national company has an important interest in
preserving its reputation and goodwill. Sometimes the negative
costs of going public with a dispute can be huge.
- Preserve relationships: Mediation can allow the relationship
between disputing businesses to outlast the dispute. The very
process of arriving at a consensus decision can be the foundation
for the parties to continue to do business together. Going to court
destroys relationships. Many businesses are also realizing the
value of using mediation as part of an overall strategy to build
and keep good customer relationships. The same is true as far as
disputes with employees are concerned.
- Plan for the future: Parties can devise a plan for a future working
relationship rather than limit discussion only to the dispute at
hand.
- Satisfaction with the process: Mediation has an 80%+ settlement
rate and participants are generally much more satisfied with the
process especially compared to other forms of dispute resolution.
This is only been a brief overview. Mediation has significant
benefits for the business community. Creative ways of resolving
conflict by owners and managers can add to the bottom line of any
business whether large or small.
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