5 Reasons to Consider Business Mediation

What is Mediation? Mediation is a flexible, voluntary, and confidential form of alternative dispute resolution (ADR). In mediation, a neutral third party assists parties to work towards a negotiated settlement of their dispute, with the parties retaining control of the decision on whether or not to settle and on what terms. The Chawla Law Firm is here to help! There are distinct advantages to working with a Business Mediator.

Running a Business is a demanding journey that requires business owners and operators to sustain and grow their businesses. Business owners and their management teams are responsible for operations, managing employees, customer engagement, vendor engagement, product/service development, and contract execution, to name a few. Disputes and misunderstandings occur far too frequently for parties to rely solely on the court system or arbitration as their only recourse. While it may be necessary for certain disputes, many disputes can be resolved by trying a hand at mediation first or early in your litigation.

Here are 5 reasons to consider mediation:

Cost

Parties to a mediation typically share the cost of mediation, which is typically at a half/full day rate. Even if a high-priced mediator is selected, the costs can be far less than the fees and costs incurred in protracted litigation.

Cooperative

Litigation can be adversarial, mediation provides a safe environment to be heard, and an opportunity for the parties to work cooperatively with a third party neutral to reach a quick and mutually beneficial outcome.

Confidentiality

Mediation is a confidential process that allows a free exchange of communications restricted from being used in judicial proceedings as evidence. The Texas Civil Practice & Remedies Code states, “Unless the parties agree otherwise, all matters…during the settlement process are confidential and may not be disclosed to anyone, including the appointed court.” This can be extremely beneficial as you can speak openly with your Business Mediator in reaching a resolution.

View The Texas Civil Practice & Remedies Code

Legal Representation Not Required

Companies in the US can only be represented by an attorney when dealing with a judicial proceeding. In mediation, parties can choose whether they wish to have legal representation or determine whether the dispute at hand can be resolved before taking on an additional expense. Legal representation is highly recommended, but the parties have the option to control the outcome before incurring exorbitant expenses. Our team of Business Mediators at The Chawla Law Firm can help both parties through the process short of providing legal advice to any specific party. Our Business Mediators will, however, use our experience and knowledge of the law, to test the strengths and weaknesses of each party’s case for the purpose of settling.

Control

The outcome of litigation is often unpredictable and subject to appeal. Choosing to go through the court system or arbitration means giving up a certain degree of control to a judge, jury, or arbitrator. In mediation, you are in the driver's seat and can control the outcome alongside a professional, third-party neutral. If a mediated settlement is reached, there are only a few instances of such a settlement being turned.

Contact The Chawla Law Firm today. Our team can help you through the entire business mediation process.

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