Mediation For Business Contract Disputes
Unfortunately, with every business contract, there is the risk of a dispute. Sometimes, litigation is required, but often a dispute can be resolved best through other means. For example, in some circumstances mediation may provide fast, cost effective resolution. Mediation is a collaborative, non-binding, method of alternative dispute resolution. If you are involved in a commercial contract dispute, and you are interested in learning more about alternative dispute resolution, please contact an experienced West Palm Beach business litigation attorney.
The Advantages of Mediation
There are several benefits to using mediation as a means to resolve a business contract dispute. They include:
- Cost effectiveness;
- Efficiency;
- Confidentiality;
- Control;
- A flexible process; and
- A collaborative atmosphere.
In sum, the process can be faster, cheaper, more friendly and you can back out of it at anytime. This type of method can be especially valuable if you have an interest in keeping the business relationship intact. Certainly, for many companies, preserving the working relationship is an important consideration in the dispute resolution process. Going into mediation can help alleviate the need to find a ‘winner’ and can help both parties come to a mutually beneficial agreement. That being said, mediation does not mean that the rights of your business take a back seat. An experienced business litigation attorney will still forcefully represent your interests. If the opportunity is not there for a desirable agreement, then your attorney can end the process and look for another way to resolve the issue.
How Does Mediation Work?
Typically, a Florida mediation includes both parties to the dispute, their attorneys, and a neutral third party mediator. The goal of the mediator is to actively involve all parties and help facilitate them towards a settlement. The process generally includes:
- An introduction and overview of the process from the mediator;
- Opening statements from each party;
- Follow up from the mediator; often including some questions;
- A joint session where the parties discuss the case and negotiate; and
- Individual private meetings between the each side and the mediator.
Your attorney will present your case throughout the mediation process to make sure that you are getting a fair hearing. The process can continue repeating as long as progress is being made. If both parties feel like an agreement is in sight, mediation can continue. You may be able to reach an initial settlement during the mediation itself, the process may bring your dispute closer to a settlement, or it may become clear that settlement is not currently possible. Regardless, your attorney will always be looking out for the interests of your business.
Contact An Experienced West Palm Beach Business Litigation Attorney
Mediation might be the best method of resolving the issue in your case. The attorneys at Pike & Lustig, LLP have extensive experience representing our clients through mediation and other types of alternative dispute resolution. We are also ready to aggressively pursue litigation if it becomes necessary to protect the interests of your business. Please do not hesitate to contact our West Palm Beach Office at (561) 855-7575 today to schedule a free legal consultation.
