Conflicts
and disputes are part of every day business life. Conflicts can present moments of opportunity. Mediation is a powerful tool to use to resolve business disputes. Mediation can be used to resolve both external conflicts - with suppliers or customers and for internal conflicts - between employees, divisions, etc. Conflict of any kind reduces productivity and creates frustration and resentment in the workplace. Tremendous advantages accrue when using mediation:
- The Participants control
the outcome: The final settlement or resolution of the mediation will
be decided by the parties, not imposed by a judge or
arbitrator. This control of the outcome can reduce the fear of an adverse jury award that could threaten the solvency of the business or
its owners. Also, it allows the participants to craft a solution that is unique and right for them. It allows for a win-win result and allows for commercially reasonable settlements outside of
what might
be imposed by a judge or an arbitrator
- The Participants control
the structure: The parties will select the mediator and
decide which
issues will be addressed, when sessions will be scheduled and
how fees
will be apportioned. In short, the participants design the process and insure that it is well defined and predictable.
- Significant Reduction in Costs: Typically, the executives, or business owners or managers and other parties will participate directly in the mediation. Everyone has a right to have an attorney there to consult with, and is encouraged to do so. But, the entire balance changes. The attorney's take on the role of consultants and what might have taken months of letters and discovery to accomplish can be accomplished in a few hours of mediation. Communication is open and honest, if the participants are sincere in their wish to resolve the conflict. Since whatever is said in a mediation is confidential, the parties are free to speak openly and honestly about their concerns and the real issues that need to be resolved. This is much more efficient use of time, and is much less expensive when compared to the time and money involved in a litigation.
- You can deal
with the real issues: Parties can discuss the true
problems and
issues in dispute, including personalities, rather than
arguing about
each side's best legal points. The result often is that a
better, more
honest solution is reached, which leaves participants feeling
better,
not worse, and often preserves business relationships, allowing participants to preserve a fruitful and mutually beneficial business relationship going forward.
- Easier to handle
technical issues: Issues which may be too complex or
technical for
a judge or jury to grasp in the rushed atmosphere of a courtroom can
be handled
in mediation. Also, these issues and ideas can be dealt with in an abbreviated fashion because the participants are already familiar with the concepts. It also reduces costs in the sense that the need for expert testimony at trial is eliminated.
- Timeliness:
Mediation can be scheduled and likely concluded as quickly as
the parties
need. This is a stark contrast to the typical litigation which can last two or three years. It allows the parties to solve the problem now, on their own schedule, as opposed to the delayed and fragmented schedule of the courts.
- Confidentiality:
Control unwanted publicity. Mediation is a private conflict resolution method. Mediation avoids public exposure
of business
mistakes, internal problems and trade secrets. This is a
significant
benefit. Because of many sensitive issues, a local or national
company
has an important interest in preserving its reputation and
goodwill.
Sometimes the negative costs of going public with a dispute
can be huge.
- Reduce tensions and preserve
relationships: Mediation can allow the relationship
between disputing
businesses to outlast the dispute. Also, as a way of resolving internal conflicts, mediation can improve morale and attitudes on the workplace...it gives employees who may otherwise feel helpless a voice. The very process of
arriving at a
consensus decision can be the foundation for the parties to
continue
to do business together. Going to court destroys
relationships. Many
businesses are also realizing the value of using mediation as
part of
an overall strategy to build and keep good customer
relationships. The
same is true as far as disputes with employees are concerned.
- Plan
for the future: Parties can devise a plan for a future
working relationship
rather than limit discussion only to the dispute at hand. Mediation is future focused. It is not about casting blame or guilt. It involves the healthy admission that there is a problem, identifies the issues that cause the problem, and then uses mutual brainstorming to come to a resolution that will work. This resolution process can always be applied to the question of what happens if the conflict, or a similar conflict, arises in the future. Also, typically participants in a mediation process are more likely to use mediation or negotiation to resolve conflicts in the future than people who have gone through a litigation.
- Satisfaction
with the process: Mediation has an 80%+ settlement rate
and participants
are generally much more satisfied with the process especially
compared
to other forms of dispute resolution.Again, this circles back to fact that the participants craft their own solutions - allowing for a resolution that the parties are much more likely to be able to live with.
Mediation has significant benefits
for the
business community. Creative ways of resolving conflict by
owners and
managers can add to the bottom line of any business whether
large or small.
We offer both internal and external mediation for businesses and organizations of any size. We also offer mediation and conflict resolution training for businesses and organizations that will teach participants to resolve their own conflicts. You can improve your business production and the satisfaction of your employees by taking the time to train them in conflict resolution techniques.
Call 865-357-1949 or email rlvmediates@gmail.com