California businesses face many situations where disputes must be resolved. This can include issues between shareholders, disputes with clients or customers, or problems with contracts. Resolving a business dispute through litigation can be time-consuming and financially draining. Mediation is another way to resolve many disputes, and it’s often completed in a timelier manner and with less financial resources required.
Using mediation
Mediation allows both parties to meet with a neutral third party, the mediator, to work out the dispute without court intervention. Some research has shown that the success of mediation may depend on the mediator and their ability to connect with the disputing parties to understand the concerns of both sides. For commercial mediation, a mediator with a strong personality may be more effective in getting both parties to compromise in reaching an agreement to resolve the dispute.
When facing mediation, both parties may be required to provide evidence, witness testimonies, and documentation to support their claims. Mediation is a good option when both parties agree to compromise. When both parties agree on most of the facts of the dispute, but simply can’t agree on the details of how to work out the issue, mediation may be more likely to be successful.
Legal help during mediation
Negotiating a business dispute requires knowledge of California’s laws concerning the nature of the dispute. Seeking advice from an attorney can provide one with the knowledge needed to proceed forward with dispute resolution. An attorney can also help one decide whether mediation or litigation is the proper way to deal with a specific business dispute.
