Business Disputes: Parties Are More in Control During Mediation

If you have become involved in legal disputes or business disputes with another party, the situation may be so stressful that you feel like your life is spinning out of control, consumed by conversations and concerns over the conflict, as well as worrying over pending court dates and all that could happen. In many of these cases, the tussle between everyone involved becomes little more than the urge to win—and later, many just want it all to be over.

In mediation, motivation plays a large part in the success of reaching an agreement that everyone can live with. Voluntary mediation means that the parties involved are amenable to reaching a settlement and having an open discussion about the problems at hand, even if that is not particularly easy. With the help of a neutral third-party such as the mediator—prodding the discussion along and offering encouragement and new ideas for communication during a stalemate too—those involved may find themselves not only saving money, but exorbitant amounts of time too; in fact, a legal dispute may be over in hours rather than months.

The mediation gives everyone involved in a legal dispute greater latitude, in comparison to the structure of the courtroom and the public in attendance. Mediation is confidential, unlike a courtroom setting or case—and basically the individuals involved can sit down and talk in a relaxed manner. The mediator does not decide or sway the case in any direction, and is there when help is needed for clarification, new direction, or more.

The individuals involved in the mediation can take the reins in pointing out why they are at odds, what they need from the other side, what they would agree on, and more. Working from a strong starting point, others involved can also explain their stance and move on to negotiating the finer points of a settlement. The mediator sometimes needs to step in further toward the end when the parties in dispute may have begun to grow weary or frustrated and begin to lose sight of the end goal.

In the end, the mediator draws up all the paperwork to be signed and submitted to the court. Once everyone involved has given their signatures, the document is binding, and everyone is expected to put the agreed upon resolutions into action.

The Bolender Law Firm will advocate on behalf of clients through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

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