Don’t Litigate: Mediate!
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“Don’t Litigate: Mediate!”
Mediation avoids the adversarial arena and brings dispute resolution back to basics – both sides talking to one another. It could pay your company in human and business relationships, as well as in time and resources, to seek out the services of a professional mediator.
OVERVIEW [top]When in the course of human events disagreements arise, it’s best to nip them in the bud so they don’t divert resources and attention from business. Disagreements arising in the workplace can often be resolved through the dispute-resolution technique known as mediation. Because this method allows you to avoid taking the dispute to court, it is far more likely to leave business contacts and human relationships intact. This is particularly advantageous for a business that trades heavily on good will. Because even successful litigation can take a heavy toll, you may find mediation is ultimately better for your business in terms of time and resources as well.
In this Quick-Read you will find:
- How to assess whether a dispute is suitable for mediation.
- How to choose a mediator.
- How to prepare for a mediation session.
- Is the person involved in this dispute someone I will face again in the course of business?
- Can I afford to let the dispute distract my attention from my business?
- Can I afford to divert my financial and human resources from my business while the dispute continues?
- Determine if you will have a continuing relationship with the other party in the dispute.Is it one of your regular suppliers or service providers or a co-worker with whom you must regularly deal? Is it better for your business for you to have a positive, continuing relationship with that person or entity? If so, suggest that you both discuss the matter with the help of a mediator, or ask a mediator to contact the other party about coming together for one session to give mediated discussion a try. Even if mediation fails to resolve the matter, both parties will have a better understanding of the other’s situation and motivation.
- Find a mediator.First, look in your phone book yellow pages. You can also contact the clerk of your county court and ask for a list of dispute resolution neutrals who work for a "per diem" fee or perhaps even free of charge for the court system. If a law school is nearby, contact the director of clinical programs and inquire about professors who conduct mediation clinics. Organizations that maintain lists of mediators include the American Arbitration Association and Judicial Arbitration Mediation Services (JAMS).Local bar associations with Alternative Dispute Resolution committees will have members eager to mediate your dispute. They serve on those committees because they are committed to the mediation concept and should be well-versed in the latest developments in the field.
- Prepare for the mediation session.You should determine the following facts:
- Whether you have decision-making authority.
- Whether someone else from your organization with decision-making authority should be at the session.
- Whether you are in a position to maintain the confidentiality of the conversation that will take place in the mediation session.
- Whether you will be able to make available the time the mediator prescribes for the session.
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