Locked in a Business Contract Dispute? How Commercial Mediation Can Help
Are you locked in a business contract dispute? Do not assume that the only way to resolve the case is going to court. Mediation can be a great tool for contract disputes. Here, our Miami business law attorney explains how commercial mediation can be a great option to resolve a contract dispute.
What is Mediation?
Mediation is a structured process through which a neutral third party—the mediator—assists disputing parties in reaching an agreement. Unlike traditional court proceedings, mediation is confidential and less formal. It allows the parties involved to have direct control over the outcome.
To be clear, the mediator’s role is not to decide who is right or wrong but to facilitate open communication. It is a collaborative approach that aims to identify the core issues, explore possible solutions, and help parties negotiate a resolution outside of litigation.
Why Commercial Mediation Can Be Useful in Contract Disputes
Commercial mediation can be especially effective in contract disputes. While litigation can be adversarial and damaging to long-standing partnerships, mediation seeks a win-win outcome. It offers several other significant advantages:
- Cost Effective: Mediation is less expensive than going to court—often by a significant degree. In many cases, companies can save on mediation compared to litigation.
- Time Savings: With mediation, commercial disputes can be resolved in a fraction of the time it takes to litigate. Breach of contract litigation generally takes over a year.
- Flexibility: The mediation process is flexible. Customized solutions are easier to reach. You may be able to resolve the dispute in a manner better suited for your business.
- Confidentiality: Unlike court cases—which are public record in Florida—mediation is conducted in private. What is said during the mediation process can remain confidential.
How to Prepare to Mediate a Contract Dispute
Although commercial mediation can be a highly effective tool to resolve a breach of contract case in Florida, it is by no means guaranteed to work for every situation. Indeed, mediation that is not well planned is unlikely to produce successful results. Businesses should be prepared to get the most out of the mediation process. Here are four tips that you can use to prepare:
- Understand Your Objectives: As a starting point, you should start by clearly defining what you want to achieve from business mediation. Every contract dispute case involves its own unique set of factors. Clarifying goals can help to produce better results.
- Gather Necessary Documentation: Organization is key. Compile all relevant contracts, correspondence, and any other documentation that supports your position.
- Choose the Right Mediator: Look for a mediator with experience in commercial law and with the knowledge to handle breach of contract cases.
- Prepare to Compromise: Businesses should always enter the mediation process with an open mind. Ultimately, mediation is a give-and-take process.
Call Our Miami Contract Mediation Attorney Today
At Pike & Lustig, LLP, our Miami contract breach attorney has the skills and experience that you can rely on. If you have any questions about using commercial mediation to resolve a breach of contract case, we are here to help. Call us now or contact us online for your confidential case review. With an office in Miami, we represent clients in contract mediation throughout South Florida.
