Mediation Attorney Overview
Lawyer Assistance Settling Business Law Disputes
When a business faces legal disputes that must be resolved, the costs involved in litigating these disputes in court can be prohibitive. In order to reach a resolution to these matters without the need for litigation, businesses often choose to use methods of alternative dispute resolution. Mediation is one common method used to settle disputes between parties, and it can allow them to reach a mutually agreeable settlement in a much faster and more efficient manner. An experienced business law attorney can help you understand whether mediation may be beneficial as you work to resolve your legal issues.
The Mediation Process
Mediation consists of informal meetings between the parties that are facilitated by an impartial third party. During mediation, each party may also be represented by their own lawyer. A mediator may be an attorney, but they will not represent either party, and they will not make any decisions. Rather, they will ensure that both parties are able to state their concerns and clarify the issues that must be resolved, then work with the parties either together or separately to propose solutions, reach compromises, and eventually create a settlement that can be agreed upon by both parties.
Unlike litigation or other forms of alternative dispute resolution such as arbitration, mediation is not legally binding unless both parties agree on the settlement. Anything discussed during mediation is confidential, and if the mediation process fails, the mediator cannot be called as a witness in any subsequent legal proceedings.
Mediation can be used to settle a variety of business law disputes, including:
- Disputes between employers and employees, such as wage and hour issues or wrongful termination claims.
- Discrimination and sexual harassment claims filed with the Equal Employment Opportunity Commission (EEOC).
- Negotiations between employers and unions to address labor law issues.
- Breach of contract disputes.
- Settling issues related to commercial real estate transactions, such as contract issues in a real estate sale or disputes over the terms of a lease.
Businesses that wish to settle legal disputes in a quick and efficient manner without incurring the costs of taking a case to trial may wish to consider mediation. However, they should be aware that there is no guarantee that a favorable settlement will be reached during the mediation process. An experienced business lawyer can help you understand the benefits and drawbacks of mediation, provide you with counsel and representation during the mediation process, and ensure that your settlement meets all legal requirements and protects your company's interests.
