Can You Benefit from Using Mediation to Resolve Business Disputes in Georgia?
Mediation has become a less expensive, less adversarial, and more efficient alternative to the traditional litigation process. Mediation involves two or more parties who have a dispute and a neutral, third-party mediator who helps settle a dispute.
Why Do Businesses Use Mediation to Resolve Disputes?
In recent years, an increasing number of business owners in Georgia and other states have opted for mediation of business disputes as a better alternative to costly and protracted litigation.
Mediation provides the parties with the opportunity to have complete control over the process and the outcome of the dispute. The same cannot be said about business litigation, in which the parties turn over the decision-making power to the judge.
The parties involved in the mediation process can resolve their business dispute privately, confidentially, and in a non-adversarial way, which can have a positive impact on the business relationship between the parties.
Last but not least, mediation is usually less expensive than traditional litigation.
Businesses can opt for mediation to resolve various types of disputes, including but not limited to:
- Breach of contract claims
- Shareholder disputes
- Allegations of unfair competition
Mediators play a crucial role in settling business disputes. They facilitate the negotiation process and help the parties understand their legal rights. The neutral mediator goes back and forth from one party to another to listen to their proposed solutions and help work out a mutually beneficial settlement.
Can You Benefit from Using Mediation to Resolve a Business Dispute?
What you need to understand is that mediation is not for everyone. Mediation can be beneficial if both parties are willing to compromise and are able to work out a mutually agreeable solution. Otherwise, mediation would not be effective, and could even be a waste of time.
Mediation offers the following benefits for those who are willing to resolve a dispute through negotiations:
- You can control the process and the outcome. Mediation is entirely voluntary, and unlike litigation, mediation allows parties to have complete control over the entire process. When settling a business dispute through litigation, the opposing parties have no idea where their case is headed until the judge or jury makes a decision.
- You can have direct communication with the opposing party. Parties can communicate directly with each other during the mediation process. The same cannot be said about litigation. In a courtroom, the disputing parties have little to no open communication between each other; instead, their communications are to the judge and jury.
- You can preserve your business relationship. When a dispute arises, companies that have a business relationship can preserve that relationship by using mediation instead of litigation. In fact, the parties’ willingness to resolve a dispute in a non-adversarial way could even strengthen their business relationship.
- You can keep your business dispute confidential. In Georgia, the mediation process is governed by court rules that protect the confidentiality of the parties and sensitive business information. Any details disclosed during the mediation process can be kept confidential and cannot be used in subsequent litigation proceedings.
If you are considering using mediation or other means to resolve a business dispute, speak with our experienced Atlanta business litigation attorney to advise you on your options. Contact Carroll Law Firm to receive a case review. Call at 404-816-4555.