Resolving Disputes through Mediation

Alternative Dispute Resolution- Avoiding Litigation

Many of us may wonder why bad things happen to good people. We live in a competitive and complex world where people do not always agree, and while this is no excuse for unlawful actions that harm others, all kinds of different disputes on a business, real estate, contract, workplace, commercial, and community level have far-reaching and long-lasting consequences. One way to solve disputes that relate to such matters as breach of fiduciary duty or breach of contract and other contentious issues is through mediation. In mediation, a mediator can help those involved in the dispute negotiate their settlement through facilitative mediation. Under this approach, the mediator has no advisory role and is merely there to help guide the process along in as cordial a way as possible.

Types of Mediation

As an alternative dispute resolution (ADR) rather than going to court in litigation, mediation can be an advantageous means of resolving disagreements between two or more parties. If all parties are in agreement, another option is an evaluative mediation, in which the mediator expresses an opinion on what might be a fair or practical settlement. Evaluative mediation may require the mediator to have an advisory role through identifying and expressing strengths and weaknesses of each party's argument should they end up going to court.

The other option is transformative mediation, which does not involve an advisory role on the part of a mediator and evaluates a conflict as a gap in communication that can be worked out. By allowing disputants to resolve their own communication problems, a mediator guides them but allows them to resolve the problem on their own so that the involved parties can feel better about themselves and one another. The idea behind this is that the agreement manifests as a natural result of the resolution of the problem.

Advantages of Mediation

Depending on the circumstances of your particular business or real estate dispute, mediation may be the best way to successfully resolve the problem. Although some parties will decide on mediation, it is possible that a dispute could end up going to court. Nevertheless, mediation provides a structure different from litigation. For instance, most mediation is founded upon a certain timeframe and dynamic that the majority of other negotiations do not have.

Not every business dispute or real estate disagreement matter has to go to court in order to achieve a successful result. Mediation allows a professional to assist involved parties in establishing an understanding of the problem so that they can work towards developing a sensible and lasting resolution. If you are interested in retaining the services of a skilled mediator from our firm, please call our offices at your earliest convenience to discuss your case.