What is Business Mediation and What Do You Need to Know About the Legal Venue of Mediation?
The Watkins Firm is able to resolve the vast majority of our cases through effective leveraged negotiation. What happens when the parties are unable to negotiate a resolution to a dispute, but wish to avoid the time constraints and expense of a trial? Most contracts specify that the parties attempt to resolve disputes through mediation or arbitration prior to litigation in a Court of Law.
What is business mediation and what do you need to know about the legal venue of mediation? Mediation is a confidential, private legal venue which keeps your personal, financial and business information out of the public record. Mediation is a protected environment.
The classic saying is “what happens in mediation, stays in mediation.” This is literally the case. All documents, discussions and even evidence presented during mediation does not automatically become part of the case going forward in arbitration or at trial. If something was presented as evidence in mediation it would have to be re-introduced and/or obtained as part of the legal discovery process in either arbitration or at trial. It is also important to note the mediator cannot be compelled to testify during any ensuing litigation.
Mediation is a Facilitated Negotiation
Often, when the parties cannot negotiate a resolution to a dispute or a lawsuit on their own, they turn to an alternative known as “mediation.” Mediation is not a court, and there is no judge or magistrate. The process is presided over by a “mediator” who is responsible for creating a productive and effective atmosphere where the parties can work together to resolve the dispute.
The parties select an experienced and neutral third party, who is often an attorney or a retired judge. Each party presents their side of the dispute to the mediator, who helps to identify the strengths and weaknesses in each position.
The mediator works to facilitate a process where the areas of principled disagreement are brought into focus, and each party gains a more complete understanding of the legal issues at hand and the position of the other point of view. Effective mediation helps the parties to realize that the dispute is closer to resolution than might be apparent through the lens of emotion.
Hearing from a neutral and experienced third party often helps the parties to find common ground and develop a resolution that meets their needs, while avoiding the time and expense of going to a Court of Law. Most Courts require the parties to enter into mediation or a settlement conference prior to going to trial. The key to most successful mediations is a willingness on the part of the parties to enter into the process in good faith, with a mindset toward resolution.
Listen to one of our Recent Sound Business Insights Podcasts:
“Episode 11 – Resolving Business Disputes”
“Episode 12 – Resolving Business Disputes Part 2″
Mediation is an Effective Strategy for Resolving Almost Any Type of Business-Related Dispute
If you are involved in a business dispute of almost any type, mediation will definitely be an option if the parties are unable to negotiate a settlement in the matter.
Mediation has proven to be successful in many of the types of business disputes managed by the Watkins Firm including but not limited to:
- Breach of Contract and other Contract Disputes
- Business to Business Disputes
- Partner or Member Disputes
- Shareholder Disputes
- Business Fraud or Unfair Business Practices
- Unfair Competition
- Employer Defense Disputes such as Wage and Hour, PAGA, Retaliation, Wrongful Termination, Harassment
- Real Estate Disputes
Contact an Experienced Dispute Resolution Law Firm with 40+ Years of Experience in Business Mediation
The key to the successful resolution of any dispute is experience and legal skill. The attorneys at the Watkins Firm have represented clients through negotiations, mediations, arbitration and business litigation for decades. We protect our clients interests and work to achieve their goals and objectives for the resolution of the dispute.
If you are involved in a business or contract dispute, and would like to learn more we invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today. Learn more about negotiation, mediation and arbitration and select a legal partner who can represent you effectively at every stage of the dispute resolution process. Draw on the Watkins Firm’s 40+ years of successful proven experience and a track record of resolving all types of business-related disputes and lawsuits.