Don’t court trouble – mediate
and the February 2006 edition of Business Review
Disputes which end in costly court wrangles can often be solved in a day, as Bob Shire, a registered mediator based in Maidenhead explains.
Disputes are an inevitable part of business life no matter how diligently companies try to avoid them.
They may involve a supplier or a customer, or be internal disputes between staff – and it is worth outlining the business benefits of mediation in such disputes.
Mediation is an alternative dispute resolution process by which the people involved (generally termed the “parties”) settle their differences with a qualified, independent, neutral person - a mediator. Courts increasingly recommend mediation as an alternative to litigation.
I never cease to be amazed how often quite minor disagreements can escalate into major disputes.
Recently I was involved in a mediation where the money each party had spent to-date on legal costs was more than double the amount at dispute. In addition had the mediation failed, the cost of going to court would have been the same again.
What’s more both parties carried the risk that the judge would find against them, and force them to pay the other party’s costs as well as their own! Happily, sense prevailed.
In many commercial disputes communications between the parties completely break down.
Last year I experienced a dispute between two companies which previously had a close business relationship. It had lasted more than two years and after the first few months only their respective lawyers had communicated. The mediation got the parties together (with their lawyers) and they settled in a day.
Generally mediations take a maximum of a day – hence it is a cost-effective means to resolve disputes. It works is by enabling the parties to settle disputes face-to-face with the help of a trained mediator and a strong yet flexible process.
The benefits of mediation to a company are a saving of time and stress, less legal expense, preserving business relationships and control over the outcome.
In summary mediation delivers a measurable benefit to the bottom line.
Contact Bob Shire on bob@shire-mediation.co.uk or 01628 623555.