Mediation
Just what is mediation?
Mediation is a process in which two or more businesses (or individuals) involved in a dispute come together to work out a solution to their problem with the help of a neutral third person, called a mediator.
 When
does mediation make sense?
- You want to end a problem, not a relationship.
- You want to minimize cost.
- You want to settle the dispute promptly.
- You want confidentiality.
- You are having difficulty initiating negotiations.
- The desire to minimize the risk of an imposed outcome.
Role of a mediator
Our role as mediators is to help the participants evaluate
their goals and options in order to find their own
solution. As mediators we do not make decisions
about the dispute.
We constantly monitor the dialogue used by both parties and
help the participants clarify their thoughts, their wants
and their needs. Our objective is to help the participants
reach an agreement that will meet both of their needs.
The mediation process
The mediation process is informal, with a few rules designed
to protect confidentiality and allow everyone to speak and
be heard. The dialogue is completely open with a focus on
the future; not who is at fault but rather, where do we go
from here.
Agreeing to mediation does not mean that you give up any legal rights. However, if during mediation you arrive at a mutual agreement, you can make it legally binding by writing the agreement in the form of an enforceable contract.
What types of disputes do we mediate?
- Business to Business
- Business partner to partner
- Within a family owned business
- Franchisee to franchiser
- Employee - manager
- Landlord - tenant
Tip: Plan Ahead with all your contracts
Many organizations are now adding a mediation clause in their standard contract.
This clause will help to settle many of the disputes that might arise without going through the legal system.
Sample Clause:
If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by a professional mediator before resorting to arbitration, litigation, or some other dispute resolution procedure.
Printable sample clause for your legal contracts.
For more information contact us at 610-931-1799.
* Cartoon Used with Permission from Atlantic Feature | 