Mediation – Finding the Answer Without Going to Court

What is Mediation?

Mediation representation and service from a business law attorney can save you in costs and emotions. Mediation is a way to resolve a wide range of costly disputes while at the same time avoiding personal confrontations and preserving business relationships. Mediation gives the parties an opportunity to settle disputes without judicial intervention. It helps the courts to reduce their spending and use their time more efficiently, while simultaneously lowering the expenses of the interested parties.

It is surprising just how many different kinds of legal disputes are regularly settled through mediation. Here is a list of some of the most common uses:

• Complex business disputes: Disagreements between partners, management team or board members. Team conflicts, complex projects involving departments, supplier or customer. Family owned business disputes, succession planning problems, IT outsourcing arrangement problems. Issues that are impasse on a
  change program, marketing plan or strategy within the company.
• Partnership disputes: When one business partner is not satisfied with the others work.
• Employment law issues: When a person suffers sexual harassment, sex, pregnancy, age, religious, race, national origin/ethnicity and disability discrimination, harassment, breach of employment contract, wrongful termination, public policy violation, whistleblower case, sexual orientation or gender identity discrimination or harassment at work.
• Patent infringement: When your business patent is used without your approval, this is trespassing of your intellectual property because they are taking revenue your patent produces for them illegally.
• Claims to divorce: Mediation helps spouses come to an agreement about their divorce or other family dispute. Once an agreement is reached, the agreement is memorialized in a Mediated Settlement Agreement. Parties can participate with or without a lawyer, but a lawyer will be needed afterwards to prepare the closing documents based on the Mediated Settlement Agreement.

Depending on your state law, a mediation attempt can be required before a party can proceed with litigation, such as in Texas.

Why Should I Consider Mediation?

Mediation involves an impartial third party to facilitate confidential discussions between disputing parties to reach a negotiated settlement. Mediators often help parties develop a resolution to the dispute that all agree on.

Regardless of the type of dispute you may have there are solutions to be found and are more often than not resolved through mediation rather than litigation because of dialog and the feeling of fairness, acceptability and agreement that results. One of the best results of mediation is the money saved by not having to pay court costs for litigation.

Contacting a business law lawyer who is experienced in mediation and litigation is very helpful to all parties. They can explain the dynamics of how your case might play out if it went to trial. They can advise on law and help you understand pros and cons of litigation or mediation options so you can make an informed decision.

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