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