| Business mediation is becoming a very popular | | | | Someone goes away from the proceedings happy |
| approach used to settle disputes in the | | | | and the other person leaves feeling |
| business community. These disagreements may | | | | frustrated and angry. The case is decided but |
| come between business partners or even | | | | the business relationship is ruined. |
| between two different businesses (this is | | | | |
| referred to as B2B). No matter what the | | | | The goal of mediation is to create a win-win |
| business relationship is, mediation has | | | | situation. Since both parties come to the |
| several advantages over a public legal | | | | meeting willing to give and take a little, |
| battle. | | | | this is very often the outcome. Even though |
| | | | each side may have had to give in on one |
| Anyone who operates his or her own business | | | | point or another, the fact remains they were |
| knows that time is money. Business mediation | | | | able to work together to find a solution. |
| can save the business both. It can save time | | | | This type of communication is essential in a |
| if both parties are genuinely sincere in | | | | successful business partnership. With |
| trying to work out their differences. | | | | mediation, an agreement is reached while |
| Sometimes only one mediation session is | | | | preserving the business relationship. This is |
| needed to help resolve the conflict. This is | | | | perhaps the most important outcome of the |
| surely a timesaving option as compared to | | | | mediation process. |
| spending months in an attorney's office and | | | | |
| or in court. | | | | Some may wonder if the mediation agreement is |
| | | | binding? The answer is, yes, it is. Once both |
| Also, meeting only once or twice is | | | | parties agree, a contract can be drawn up, |
| absolutely cheaper than paying attorney fees, | | | | signed, and will be legally binding. A |
| court costs, and deposition fees. With | | | | contract such as this can even be used to |
| mediation, the client only pays for the | | | | address possible future problems before they |
| actual time spent in the mediation sessions, | | | | even happen. |
| even if the meeting was scheduled for a | | | | |
| longer period of time. | | | | So, what happens if an agreement is not |
| | | | reached? Can information used in the |
| Confidentiality can be very important in the | | | | mediation be brought up in a court case? For |
| business world. A company's reputation can | | | | this question, the answer is a resounding no! |
| mean the difference between success and | | | | All parties involved in the mediation process |
| failure. When a business is having internal | | | | are required to sign a confidentiality |
| problems, the last thing they need is for the | | | | agreement. This means that nothing that is |
| battle to become common knowledge. | | | | said or discovered during the mediation |
| Information such as this could scare away | | | | process can be used as evidence in a court |
| potential clients, or even be used by a | | | | case. |
| competitor to take away current business | | | | |
| associates. In a legal dispute, court | | | | Therefore, the only question left to answer |
| documents are public domain and can be | | | | is, what is there to lose by choosing |
| accessed by anyone who wants to view them. | | | | mediation over a legal battle? Obviously the |
| | | | answer is, nothing! Business mediation is a |
| Mediation is a much better option for | | | | fast, inexpensive, confidential process that |
| businesses. In this forum, the dispute is | | | | most often results in a win-win situation for |
| handled privately, behind closed doors. A | | | | everyone involved. Business reputations are |
| disinterested third-party will hear the | | | | not at risk and relationships remain in tact. |
| issues in question from each side's | | | | If a resolution is not reached, at least the |
| perspective. He will then work with both | | | | effort has been made, and there will be no |
| groups to find possible solutions and/or | | | | negative repercussions as a result. |
| compromises. A skilled, creative mediator | | | | |
| will often help his clients find a middle | | | | Interestingly, even Bill Gates looked to |
| ground that hadn't been thought of before. | | | | mediation during Microsoft's very publicized |
| Once an agreement is reached between the | | | | legal battle with the Justice Department and |
| parties, hands are shaken and business | | | | 19 of the United States. Unfortunately, in |
| resumes, without the further complication of | | | | this case, mediation was not very effective. |
| public scrutiny. | | | | Of course, there was very little incentive |
| | | | for Gates to try to appease his accusers. So |
| In a court case, there is usually one winner | | | | in the end, unless you are a monopoly-holding |
| and one loser. Both sides present their cases | | | | millionaire with nothing to lose, a quick, |
| to the judge and he alone decides the | | | | private compromise is probably more |
| outcome. The business partners have no | | | | preferable to a public three-ring circus. |
| control in the decision making process. | | | | |