Mediation is the key to success for many disputes today. Most cases which end up in mediation are resolved successfully, and that is saying a lot when you consider how bumpy the road can be in some litigation—although that is the necessary route all too often. And while business owners may choose to resolve legal issues through ADR once a disagreement has erupted, this type of dispute resolution is often outlined in business and partnership contracts initially. There’s no better time to decide how an argument will be handled than when everyone is getting along. A dispute clause may even cover specifics like where mediation (or arbitration or litigation) would be handled regarding county, and who would pay any legal fees should they arise.
While the courtroom often brings forth a more adversarial attitude, mediation allows for a casual and relaxed setting that can be conducive to settling. Although there are costs involved with hiring a mediator, the process is usually exponentially less, making it more affordable. Resolution is usually reached much faster too; in fact, many issues are resolved in as little as hours or just a few days. The mediator does not decide the case for the parties at odds, but helps guide them in finding a compromise, as well as pushing them along should an impasse occur. At that point, the mediator kicks into action with ideas for ‘thinking outside the box.’
Businesses with equal resources usually do best settling in mediation. A cell phone company forcing a consumer into mediation may lead to a difficult and expensive ordeal for the average individual (and this happens all too often, unfortunately), while for two businesses it can be extremely advantageous as they may have relationships they want to preserve over the long run—especially when the bottom line is involved.
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!