Commercial
Mediation
Commercial Mediation
The Catalyst for Revived Collaboration
Your internal and external relationships are vital to the ongoing success of your business.
Commercial mediation addresses issues between two or more commercial enterprises and may also include solving conflicts within the same organization such as between different owners, executives, departments or employees. Commercial mediation can also address costly issues between firms and their service providers or suppliers.
For firms on the brink of a dispute or in the middle of one, our commercial mediation services orchestrate candid and constructive discussions designed to build “consensus” on resolutions that each firm finds agreeable. As mediators, we serve as facilitators and act as the catalyst to promote open, honest communication and joint problem solving.
The mediator does not make judgements or evaluations but rather leads discussions from a neutral viewpoint and ensures that relevant information is available to all parties. As workable alternatives to the status quo are identified, the parties can formulate the best ways to move forward.
A renewed spirit of collaboration often results from deeper understanding of each other’s viewpoints and reasoning. In addition, relationships can be refreshed, or common ground can be identified that sets the platform for going forward.
Rest assured that mediation is strictly confidential and the mediator may not share any of the information disclosed during the course of a mediation. In fact, specific confidentiality agreements are one of the first items discussed in a mediation.
Value and Benefits
- Mediation is an efficient, effective alternative to litigation to resolve business disputes. Mediation provides an opportunity for the parties to understand the perspectives and forces driving each other.
- In litigation the judge makes the decision. In a mediated case, the parties work with each other to develop a way forward that considers each of their interests. Mediation is joint problem solving.
- Given the long lead times to have cases adjudicated, mediation can be a faster way to resolve issues.
Frequently Asked Questions about Commercial Mediation following tasks and more
In order to prepare for the session, it is typical that the mediator discusses the situation with each party. This preparation work is usually done on the phone though in-person interviews may also take place.
Ensure that each of the parties explain the situation from their perspective;
Arrange logistics of the mediation including location and time;
Structure the mediation session so it is well organized, constructive, and supportive of each party;
Responsibility for the costs of mediation depends on the situation. If both parties see the benefit and are anxious to resolve the dispute, they may agree to split the costs. If one party is anxious to resolve the issue and the other one isn’t but will participate, perhaps only the party initiating the mediation pays. The mediator will work with you and the parties to identify alternatives and a decision.
First, those people which have authority to make the settlement happen should be present at the mediation and agree to the settlement terms. If they are not present, written statements should be secured that they authorize the terms.
In general, however, you can proceed with mediation to share information, discuss alternatives, and arrive at an agreement. The resulting informal, though written, agreement can remain as a memorandum of settlement understanding between the two parties or attorneys can be approached to explore how to best put the weight of the law behind the agreement.
Though mediation is often undertaken outside the courts, parties are encouraged to get the advice of their attorneys. Attorneys may be present at the mediation table or parties may consult them outside the session. The parties are also encouraged to have their attorneys review either formal or informal agreements.
The length of time depends upon the topics, the people, and the time available. Sometimes it takes as little as an hour while other times it extends across multiple sessions across several weeks. Other parties have planned for a focused day or weekend to explore issues, alternatives and how to go forward. The mediator will discuss options with you as the session is planned.
The outcome of the mediation is up to the participants so by the end of the mediation resolution or how to go forward is typically identified.
The location of the mediation is decided by the participants and the mediator. It is best to have a comfortable location with bathroom facilities and perhaps break out rooms. If the session is expected to be long, provisions for refreshments and/or meals may also be planned.
Many times the mediator will arrange for a second mediator to assist in the session. It is often helpful to have the second mediator help with noting information on flipcharts or tracking issues so nothing is missed. The cost for an additional mediator are reviewed at the time parties discuss fees with the prime mediator.
The next step is to send a note of interest to Mediation Partners New England. Schedule your commercial mediation consultation below and we will get back to you within two days. If you’d prefer, you can call at 617-799-8706 to speak to Susan directly.