Mediation: A cost-effective, time efficient process for resolving business disputes in a civilized way

November 1, 2004
Written by CMDR Staff

Mediation: A cost-effective, time efficient process for resolving business disputes in a civilized way.

Most business disputes, whether they exist within the business, business to client, business-to-business or even landlord to tenant can be resolved through mediation. Not only is mediation successful in business situations, but the savings over litigation in cost, time and aggravation are substantial.

Business mediation works best when:

• The parties in the dispute genuinely want to resolve their differences.
• The parties want to determine the outcome of the dispute themselves, rather than giving up control to lawyers and a judge.
• The cost of litigation could become too expensive compared to what either side can recoup or save through litigation.
• The parties do not have the time, energy or funding to devote to an extended legal battle.
• A personal / working relationship exists between the parties, that the sides would like to preserve or reestablish, as they resolve their dispute. Frequently, mediation is chosen to resolve disputes in family businesses.
• Confidentiality is an important concern for at least one party.

The Mediation Process:
A professional mediator works with the parties in structuring an equitable settlement. As an independent and impartial facilitator, the mediator is actively engaged in problem solving. Participants become involved in shaping an agreement that is uniquely suited to their needs and circumstances.

About Samantha Halem
CMDR’s Business Mediator
Samantha Halem is an attorney and mediator. She graduated from Harvard Law School and has practiced law in both California and Massachusetts. As an attorney, Ms. Halem, knows first hand how expensive and time consuming litigation can be. Her mediation practice focuses on helping business parties resolve their disputes amicably without resorting to costly litigation.

Frequently asked Questions:

How long does mediation take? 
Every case is different. While some simple disputes can be resolved in a single session, many business disputes involve complex issues and may take two or more sessions before an agreement is reached.

How will the mediator be able to see both sides and insure that each of us gets a fair deal?
Mediators facilitate the parties’ efforts to reach an amicable resolution. It is the mediator’s job to ensure that the parties reach an agreement that is in their respective best interests. As a neutral party, the mediator is able to guide the parties to a mutually agreeable middle ground.

Will the result of the mediation process give us a legally binding contract?
Yes. If an agreement is reached, it will be a legally binding contract.

Is it possible to use mediation as a means of resolving potential business disputes in the future? 
Many companies and individuals entering into long term business relationships draft agreements that stipulate that the parties will mediate any disputes that may arise.

This may serve to avoid costly litigation and ensure that minor disputes are resolved quickly and efficiently before they escalate.

Please Call Our Office For Answers To Your Questions – 781.239.1600