“In the middle of every difficulty lies opportunity.”
Mediation is the opportunity to have your say, hear and be heard. You’ll gain understanding and become understood. Negotiate. This, in turn, provides a framework for the creation of the legally binding agreement resolving your dispute. Its terms are in your hands – decided solely by the parties, albeit guided through the process of exploration and negotiations by the mediator.
Mediation is empowering, accommodating and creative. Hence, it is a great method of resolving business disputes. Due to its informal and comprehensive nature, as well as relative speed and low cost, it is especially suitable for entrepreneurs, start-ups and SMEs facing disputes. KJADR’s goal is to help you deal with conflict efficiently, so you can run your business smoothly.
What is more, mediation is particularly effective in situations involving:
Mediation has many advantages making it a great method of resolving business disputes. That’s because mediation is:
These advantages are especially significant when compared to the “day in court” (or arbitration). Learn specifically how these advantages play out in mediation on my blog.
The definitive answer depends on the specific dispute and its circumstances. However, there are some common considerations which may prompt you to choose one over the other.
Online mediation tends to be the best option when:
In my experience, well-run online mediation can provide the same benefits as mediation in person, with additional advantages of time and money saved.
Mediation in person may be more suitable in disputes with:
For a more specific analysis of pros and cons of online mediation visit my blog.
Finding the right mediator might be the determining factor for a successful resolution of your dispute. Remember that this match depends on the specific dispute and its circumstances, as well as ticking the boxes of general standards.
In terms of the general standards – applying in all circumstances; look for:
Furthermore, in the specific case, you will need to assess:
For further tips on how to choose the right – for your dispute – mediator, visit my blog.
Mediation sessions – whether held online or in person – serve as an opportunity for the parties to voice their concerns and interests. The mediator acts as a session manager: structuring what and when is discussed (ie creating an agenda of topics based on what the parties submitted as needing to be discussed and proposing the order of tackling each issue) as well as how (ie whether in an open forum and directly between all parties or in private with each party or their counsel). In the further stages, when discussing options – ideas on how to address the interests and needs of the parties – and the preliminary (framework) settlement, the mediator is a relay of information between the parties. Mediators also serve as sounding boards and reality checkers. At the last stage, a mediation settlement is drafted by the parties and/or their counsel.
When mediating in person, all of the above happens at a physical venue. Namely, in a mediation session room and separate rooms for each party – so the mediator can move freely, should the need be, to conduct private sessions with each party or break for discussions between the party and their advisers in private.
When mediating online, there are the equivalents of each of the “mediation rooms” – such as a joint video call session and/or chatroom and separate channels for each party and the mediator (if the mediation is conducted solely in writing, or on top of the video call sessions).
What follows a mediation session is the drafting of a mediation settlement. Frequently, the first draft will emerge at the end of the session and, subsequently, will be chiseled by the parties and/or their lawyers in further communication. At this point, the mediator does not participate in drafting the wording of a settlement, but can still be of help shall the negotiations required her or his support (ie as parties return to bargaining or find out there were some misunderstandings in what they agreed on during the session). Afterwards, the parties sign the contract and voluntarily perform it. The settlement contract can also be recorded in the appropriate court (so, it is enforceable as a court order).