| At one point in time, even if it were being avoided, | | | | Thus, this could have detrimental impact on their |
| parties in business relationships would tend to sour. | | | | financial status. |
| This is often the reason for business disputes to turn | | | | With these adverse effects, it is not surprising that |
| up. Even if all the parties involved have the best | | | | most businesses undergoing a dispute tend to consider |
| intentions, each side would always view their particular | | | | alternative ways to resolve it, which is relatively time |
| position as the reasonable one and that the business | | | | efficient, cost effective and may encourage the |
| practices they would like to implement as ethical. | | | | nurturing of the partnership of the parties. |
| It is a widely known concept that the law is cognizant | | | | One of these alternative ways is mediation. Mediation |
| of the fact that reasonable minds could differ. When | | | | can be accomplished at any given time and anywhere |
| each view and positions become rooted, there will be | | | | favorable for the parties involved. It can also be done |
| a tendency of refusing to bend and compromise. This | | | | with a hired dispute attorney present, or even without |
| is when a business dispute may arise. | | | | such presence. However, it would always be more |
| Business people involved in a dispute usually consider | | | | productive to have such an attorney monitor the |
| filing a corporate lawsuit in order to resolve the dispute. | | | | settlements. |
| Taking their case to court for litigation usually occurs | | | | What is Mediation? |
| when efforts that involve informal dispute resolution fail. | | | | It is a relatively informal process wherein the parties of |
| Courts of law are indeed the places to settle | | | | a business dispute would meet together with a neutral |
| differences in opinions that characterize a business | | | | third party and air out their differences in opinion. Airing |
| dispute. | | | | out their differences will not be addressed to the third |
| However, nowadays, most businesspersons tend to | | | | party but to one another. |
| shy away from litigation as dealing with it usually takes | | | | Mediation Process |
| a lot of time and money. | | | | Usually, mediation occurs in a meeting room or area. |
| Some cons in litigating a business dispute | | | | There are ground rules that the mediator will set for |
| One of the main disadvantages in having a business | | | | the parties to follow throughout their discussion. The |
| dispute go under the court system is that the parties | | | | parties can have uninterrupted time as they speak out |
| involve lose control over the outcome or judgment. In | | | | their positions. |
| court, a jury or judge will make the decisions | | | | Then, the mediator separates the parties into different |
| concerning the matters at hand. The decision would | | | | rooms. This process is known as the "caucus." |
| always tend to point out a winner and a loser. | | | | After the caucus, wherein the positions are already |
| However, in reality, both the winner and the loser after | | | | learned along with each point's strengths and |
| the litigation, tend to both lose significantly in terms of | | | | weaknesses, the mediator communicates with the |
| expenses, time and focus to the management of the | | | | involved parties separately. The purpose for this is to |
| business. | | | | come up with a resolution for the conflict. |
| Judgment on lawsuits are usually unpredictable and a | | | | Ninety percent of the time, business disputes are |
| party may become so engrossed in winning out their | | | | resolved through the process of mediation, |
| position that they do not think of the possibility that | | | | successfully. Thus before setting your sights on filing a |
| they may lost the case. | | | | lawsuit to resolve a business dispute, try going under |
| The whole process of litigation usually becomes very | | | | mediation first and see if the conflict with your partner |
| galvanizing. The tension created between the parties | | | | can be resolved without having to go in the |
| during the process make it difficult for them to patch | | | | courthouse. |
| up their differences and continue with their partnership. | | | | |