Not all disputes require expensive and protracted litigation. Many times, unbiased guidance from a third party mediator familiar with the issues between opposing parties is preferable. Mediation encourages informal discussions to resolve conflicts amicably and efficiently. The parties determine the outcome, with a mediator as facilitator.
Business disputes can become emotional, spiraling into larger misunderstandings that affect all involved parties. Mediation is a forum to air grievances and move toward a resolution. Our Phoenix business mediation lawyers help parties communicate in productive ways. Our business litigation attorneys are not judges or enforcers but serve as guides and advocates to help you reach optimal outcomes.
Benefits of Mediation
Mediators are impartial and simply moderate negotiations between aggrieved parties who have agreed to pursue mediation to try to resolve their disputes. Mediators are often experienced litigators or retired judges who can give you a neutral, honest opinion about your likelihood of success should you choose to litigate. No resolution is required in mediation, and either party can choose to walk away and pursue litigation or arbitration.
Mediation is almost always preferable as a first option before litigation or arbitration for many reasons, including the following:
- Mediation is confidential, so it is not part of the public record or subject to media coverage;
- Usually, the parties are in separate rooms, and the mediator goes back and forth. Mediators can side-conference with either party to answer questions, clarify points, and offer informed opinions on the dispute.
- Although parties pay for mediation, it is significantly less expensive than a trial if the issue is resolved.
- Mediation is typically more amicable and less stressful than a divisive court trial.
- The parties may exchange concessions to achieve a mutual “win,” as opposed to court trials where one participant wins and one loses.
Judges typically cannot suggest creative solutions to resolve disputes, but mediators can and do. Mediation sessions occur in an informal and comfortable setting where participants can take breaks at their own convenience. Nobody can be forced into a resolution that makes them uncomfortable. Our Phoenix lawyers strive for and encourage getting mutually beneficial results through business mediation.
Emphasis on Party Self-Determination
Mediation is about party self-determination. The parties decide what to discuss, what their grievances are, how they would like to see the problem resolved, when to throw in the towel, and whether escalating to arbitration or litigation is a better choice. The role of a business mediation attorney in Phoenix is to ensure all choices the involved parties make are informed ones.
Types of Disputes in Which Mediation Works Well
Mediation is well-suited for resolving all kinds of disputes that arise in business, such as the following:
- Negotiating contentious partnership or limited liability company agreements;
- Renegotiating existing employment or vendor contracts when a material change occurs;
- Resolving disputes between a business and vendors, contractors, or another business; or
- Negotiating exit strategies for LLC members.
Business owners encountering challenges or disputes should speak with a legal professional in Phoenix to determine whether mediation is the appropriate course of action.
A Phoenix Business Mediation Attorney Offers Unbiased Assistance
Because business always involves relationships between people, disputes and misunderstandings are inevitable. If you are considering alternative dispute resolution before diving into litigation, our attorneys can explain the advantages of various option, including mediation.
Mediation is a party-focused positive way to air grievances, discuss options, and craft resolutions. Both parties maintain the right to walk away if discussions break down, and there is no obligation to accept an unfair solution. Call a Phoenix business mediation lawyer at Giles Law to learn more.
