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The Roart Group Biz Alert
October 2011
Mediation or Litigation
When it comes to resolving a variety of business conflicts, mediation can be the most effective method in establishing and maintaining successful working relationships. It can help all parties come to a legitimate understanding that meets the needs and interests of all.
Mediation can address the following business related issues:
Resolve personal disputes.
Resolve conflicts between businesses.
Negotiate an ownership and /or partnership agreement when forming a new business.
Resolve conflicts between principals of an existing businesses.
Negotiate amicable dissolution of an existing business arrangement when dissolution is a
preferred outcome.
Renegotiate aspects of an existing ownership
and/or partnership agreement.
There are many advantages over the traditional approach:
It can be a "win-win" because
the agreement is satisfactory to all
involved.
Principles have clear specific agreement about roles, responsibilities, goals and objectives enabling them to move forward more quickly.
No longer held back by unresolved problems, existing business can continue to grow and thrive.
All parties involved are able to preserve and enhance an existing business relationship.
It is less stressful and less costly than litigation.
The final settlement is usually reached more quickly.
It provides a more informal, confidential, and comfortable environment in which to address decisions that need to be made.
If you are successful, the majority of mediations result in a settlement with a signed agreement stating what you and the other party have agreed to. Additionally, research tells us people are more likely to follow through with an agreement that has been mediated and less likely to engage in future litigation.
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