Klein & Wilson

Is mediation the answer to your professional dispute?

Are you stuck in the middle of a business dispute with a partner, shareholder or customer? Do you have concerns about working things out without going to court?

There are times when litigation is the only answer to your problem, but you shouldn't go down this path until you have to. There are a variety of alternative dispute resolutions to consider, with mediation one of the best.

During mediation, a neutral third-party mediator meets with both sides to learn more about the dispute and to help move toward a resolution. There are many goals associated with mediation, including the following:

  • Find a solution that works for both sides
  • Avoid the cost of litigation
  • Avoid the time associated with litigation
  • Help resolve the issue without additional bad feelings

What does the mediator do?

The nice thing about mediation is that you maintain control over the process. This is in contrast to court, where a judge has the final say.

While a mediator can assist with the process, they don't have the legal authority to make decisions on behalf of either party.

The primary responsibility of the mediator is to facilitate the conversation, all with the idea of moving it forward with as little friction as possible.

Does mediation always work?

While not always the case, mediation typically ends in a settlement. This allows you to leave with an agreement that both parties are happy with.

If mediation doesn't result in a settlement, don't consider it a waste of time. It still provides you with knowledge of what the other party is thinking, as well as what you can potentially do in the future to resolve the issue.

Also, unsuccessful mediation doesn't mean you're out of luck. You still have the opportunity to file a lawsuit, should it be necessary.

With so many benefits of business mediation, it's one of the better ways to resolve a professional dispute. If you're able to work everything out, you can leave your problem in the past. Conversely, if you're still at odds after mediation, take the information you learned and move forward in the appropriate manner.

Visit our website and read our blog for more information on mediation and how it can help resolve a business dispute.

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4770 Von Karman Avenue
Newport Beach, CA 92660

Phone: 949-478-0521
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