In our last three articles, we went through the common ways of resolving disputes – litigation, arbitration, and mediation – and listed the problems with each. The reader may be left with the impression that there is no business solution to resolve business disputes. Would early resolution mediation be a viable solution for business owners?
Early Resolution Mediation
Early Resolution Mediation is a form of mediation that occurs very early on – shortly after the dispute arises and well before a trial or any significant litigation costs occur. In fact, if the parties are willing to do so, the mediation can occur before the parties have even hired attorneys to work on the dispute. Or if they prefer the parties can bring attorneys with them or consult with their own attorney before the mediation.
An Experienced Mediator Who Can Give Legal Advice
In order for the parties to have enough confidence in the mediation process to be willing to consider resolving it early, they have to know that they can get information regarding how the law applies to their dispute. As stated previously, most mediators refuse to give legal advice, but in Early Resolution Mediation you can have your questions answered by a mediator experienced in business disputes.
A Possibility for a Final Resolution
At the beginning of Early Resolution Mediation, the parties can decide if they want to guarantee an immediate resolution by having the mediator arbitrate the dispute if no agreement is reached. If either party does not wish to do this, the mediation takes place normally and the mediator never knows which of the parties did not request arbitration.
The Advantages
Early Resolution Mediation provides the parties numerous advantages over any other type of dispute resolution. Legal fees are completely or almost completely avoided. The parties save court filing fees, expert witness fees, court reporter fees and arbitration fees. Most importantly, the parties avoid the time such and aggravation spent worrying and working on the dispute, instead of getting back to business.
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Sam Ventola has a wide variety of experience in litigation, legal education, and mediation. When not saving the world from conflict through mediation, he loves to spend time with his family, especially his grandson Jack.
Ventola Mediation serves the Denver Metro area including Arvada, Aurora, Boulder, Brighton, Commerce City, Castle Rock, Golden, Lakewood, Littleton and Arapahoe, Adams, Douglas and Jefferson Counties in Colorado.
In our last three articles, we went through the common ways of resolving disputes – litigation, arbitration, and mediation – and listed the problems with each. The reader may be left with the impression that there is no business solution to resolve business disputes. Would early resolution mediation be a viable solution for business owners?
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