Traditional lawsuits are designed to be adversarial. And in most cases, “adversarial” translates to high costs and time-consuming court battles. If you want to avoid feeding thousands of dollars into your case, consider mediation as an alternative. Years ago, many lawyers viewed raising the subject of mediation as a concession to defeat. If you had a weak case, you suggested mediation. Today, mediation is championed by most attorneys as a smart, effective way to resolve disputes and preserve important relationships between the parties.
This is especially true in business disputes, where a company’s bottom line can be seriously affected by a protracted court battle. Furthermore, maintaining positive relationships is essential in a wide variety of industries. Here are just a few reasons why mediation may be right for your business dispute:
Creates More Positive Emotions
Because mediation is not an adversarial process, it tends to promote a more positive mental state in its participants. Hostility tends to breed hostility, which is why so many courtroom dramas end with both sides walking away unhappy.
Understandably, many clients become frustrated by lengthy delays that frequently accompany complex litigation. Negotiations can quickly break down when the parties are forced to wait for another side to respond. They submit a proposal or terms to their attorney, who then relays the message to opposing counsel, who in turn informs the other side. Unsurprisingly, this process can take a considerable amount of time, which is intensely frustrating when you’re in the middle of a legal dispute. By communicating your concerns, thoughts, and ideas directly to the other side, you can avoid the miscommunication and delay that plagues traditional litigation.
Puts You in the Driver’s Seat
Mediation puts you in control, which is something you won’t get in a typical legal dispute. This can be incredibly empowering in times when you need it most. When your interests are on the line, it is easy to allow emotion to cloud your judgment, leading you to make bad decisions. Mediation allows both sides to express their concerns, brainstorm ideas for a fair resolution, and walk away with a sense of achievement.