Stop the Bleeding in Litigation by Considering Cost-Effective Mediation Services.

If you are trying to put a business dispute behind you, one of the best ways to do so is to utilize cost-effective mediation services for business disputes.  Mediation is a part of the larger category know as alternative dispute resolution or “ADR”.  While ADR can mean a variety of settlement tools, the two most common methods are  arbitration or mediation. Arbitration or mediation work best when the parties retain an experienced neutral with knowledge of business litigation.  Knowing the applicable law that is specific to business disputes allows the parties to work through the risks of going to trial and encourages settlement.  Cost-effective mediation is particularly useful for complex business disputes because it allows the participants to stay focused on making money, rather than spending it on litigation. That is one reason that over 97% of civil cases are heard in either arbitration or mediation.

The difference between mediation and arbitration is that in mediation, the neutral (judge or third-party attorney) does not make a “decision” or “ruling”.  With arbitration, the setting is more formal and the arbitrator considers the evidence and renders an opinion in a manner that is much like the judge would at a bench trial. Both liability and damages will be decided by the arbitrator.  This decision is binding absent an appeal to the superior court.  Be aware, however, some contracts will require “binding” arbitration. In such cases, the arbitration is the final or binding resolution of the case and no appeal is available. If that is the case, it is even more important to have a arbitrator who understands business and the law of contracts.

Unlike arbitration where there is a judgment, mediation is typically voluntary.  The mediator will not decide the case; the parties are the only ones that can decide the value of any settlement.  An experienced mediator helps the parties reach a mutually agreeable settlement or “mediated”  resolution of the case.  Mediation is less formal, and rules of evidence and admissibility are greatly reduced.  Using a skilled mediator, the parties can often succeed in negotiating their own settlement.

A good mediator will take an active role in resolving a business dispute. They assist the parties to implement an effective process so that both sides can clearly identify their interests and goals.  The mediator will also make recommendations as to what information may be shared to help convince the parties resolution is possible and in their best interests.  The mediator will also facilitate the discussions and give feedback to the business parties on the legal and factual issues from a neutral perspective.  A mediator such as Schlesinger Conrad will view each mediation among businesses as unique.  Mediation can be a fluid process in which decisions about the best ways to help the parties are made as the mediation unfolds, and sometimes even after the mediation has concluded if the parties opted to walk away.

Even where the case did not settle during the mediation, an experienced mediator such as Schlesinger Conrad remains available to work with the parties after the mediation.  This gives all parties a chance to think further about the benefits of settling, and reconsider the risks of going forward with litigation.  Sometimes, one side or the other can regret walking away for settlement.  Schlesinger Conrad’s willingness to continue communications can create a bridge for the parties to continue informal discussions.

Additional benefits of cost-effective  mediation services are: