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How can mediation help resolve business disputes?

| Jun 15, 2018 | Business & Commercial Litigation |

It is almost inevitable if one owns a Tennessee business that sooner or later business disputes will arise. These may be employer-employee disputes, contract disputes or disputes with state and federal regulatory agencies. In general, when business disputes arise, both parties want to reach a satisfactory resolution. To this end, business mediation may be an option that some business owners in Jackson find useful.

Mediation is a way that two parties can resolve their dispute without having to go to court. It is an informal proceeding facilitated by a neutral mediator. At mediation, both parties will make their statements regarding the dispute, and the mediator will work with each party to try to reach a solution that is mutually agreeable. A mediator is able to help the parties clarify their issues, so they can better understand one-another.

The parties do not need to have all discussions face-to-face. They can be in separate rooms where they speak to the mediator without the other party present, and the mediator will serve as a go-between. This way, the mediator can help the parties determine what they can agree and concede on.

Although mediation is an informal process, unlike a litigation, it can still help for each party to retain an attorney. An attorney can help explain complicated legal discussions and can help their client make sure the final agreement is appropriate.

While it is hoped that mediation will bring about a resolution to a business dispute, this does not always happen. Sometimes, when all else fails, business litigation can serve as a means for both sides to have their say, and have the issue formally resolved.

Still, mediation is a less time-consuming and less costly option compared to litigation. Therefore, it is often a preferred method to try first before resorting to litigation. Not only can this help businesses protect their financial bottom-line, but also could lead to a satisfactory resolution in which both sides feel like they came out ahead.