Mediation in Business Disputes

Mediation is a form of alternative dispute resolution that involves parties in conflict sitting
down with a trained mediator to address and resolve the critical issues at hand. Mediation is
growing as a way to address disputes in many different fields, including ADA and EEOC complaints,
employment issues, contract disputes, and union negotiations. 

The settlement process in mediation is managed by a neutral third party trained in mediation. The
goal of this process is to bring the parties together to identify vital issues and to communicate
together to generate solutions. In the business world, mediation is an informal way to clear up
issues without having to engage in complex litigation. 

For commercial businesses and parties in disputes, mediation offers many benefits. Compared to
litigation, mediation provides a forum that tends to resolve disputes much more quickly. As a
result, it is less expensive for both parties since less time is required to meet and discuss the
pertinent issues. Scheduling is also much easier since the meetings can be set up around the
availability of the disputing parties and the mediator. Parties can work together to discuss and
create their own solutions, providing more flexibility when compared with traditional litigation
where a judge makes a final determination. This working together can limit further hostility and
may even set the tone for a positive and civil relationship post-dispute. 

A business dispute mediator needs to communicate with the parties before they meet together in
order to understand the dispute. What the mediator learns will influence how to conduct the
mediation. It may be counterproductive to have counsel expound the positions of the parties with
everyone in the room. At least the parties should all meet in order to execute a confidentiality
agreement and to enable both sides to confirm that representatives with authority to decide on a
resolution are in attendance or at worst available by telephone.

After the initial joint meeting, the mediator will meet with the parties separately to explore how
resolution might be reached. Confidentiality of the communications in mediation is an essential
part of the process. It protects the parties and enables them to speak frankly about their
interests as distinguished from their legal position if the dispute must be resolved by a judge or
an arbitrator.

Not all disputes can be resolved in mediation, but the involvement of a skilled mediator will
improve the prospects for a peaceful and efficient resolution.
----------------------------------------------------
Met Wilson is a seasoned mediator and arbitrator practicing in Portland, Oregon on a wide variety
of cases including commercial disputes, claims against broker-dealers, consumer claims, real
property disputes, franchise disputes, employee claims, construction claims, contract claims,
insurance coverage disputes and business torts. For expert assistance in any of these areas,
please call Met Wilson at 503-972-5090 or visit http://wilsonadr.com/

Posted by J. Randall Frier http://jrandallfrier.com/