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What is Mediation and How Can It Help Your Business?

By: Peter W. Schroeter

Mediation has become a popular way for individuals and businesses to effectively resolve legal disputes. Previously, direct negotiations between attorneys was the typical method of achieving a settlement, and this process usually happened only after much time and expensive litigation had already taken place. As the costs of litigation have steadily increased over the years, a growing number of courts are now requiring parties to attempt to resolve their disputes through mediation in an attempt to ease the burden on the legal system. Thus, there is an increasing need for professional mediators who have both the experience and expertise to evaluate cases and assist with amicable negotiations. A mediator’s goal is to help both parties involved in a dispute reach an innovative and fair solution in as cooperative a manner as possible.

Courts and state statutes may impose mediation during the litigation process in cases such as:

  • Divorce
  • Bankruptcy
  • Residential construction
  • Foreclosure
  • Employment disputes (whistleblower, sexual harassment, family medical leave, discrimination, etc.)
  • Superior Court litigation (personal injury, business, real estate, etc.)

Additionally, a number of contracts will require some form of alternative dispute resolution before a case can be heard in court. These cases include:

  • Residential real estate
  • Employment policies
  • Commercial and residential construction
  • Business-to-business matters
  • Business-to-customer matters

Mediation is an effective technique because it maintains confidentiality, preserves relationships, and is less time consuming and expensive than taking a case to court. It is important for businesses to understand how this process works in case they ever encounter disagreements involving employees, vendors, customers, or other parties.

To learn more about Shaheen & Gordon, P.A.’s mediation services, please contact our firm to request a consultation with one of our mediators.