What is Mediation?
Mediation is a confidential way for parties to attempt to resolve business disputes without having to resort to the time and expense of litigation. Business owners and executives often use mediation as a tool to settle both internal disputes, including human resource matters, and external disputes, including breach of contract, shareholder disputes, family business disputes, general contract/subcontractor disputes, partnership disputes, and copyright and trademark infringement disputes.
During mediation, parties voluntarily discuss their disputes with the assistance of a trained mediator and without involving the court. The mediator is an impartial third party who does not offer legal advice but instead works with both parties to attempt to reach an agreement that satisfies the interests of both sides in an efficient, economical and respectful manner.
When to consider mediation?
Any time a dispute arises, mediation is an option. When considering mediation as an alternative dispute resolution option, consider the following:
- Is the relationship with the other party ongoing or one that is important to preserve? Mediation allows the parties to work together to reach an agreement that can not only preserve, but actually strengthen the relationship.
- Is the dispute and the information relating to the dispute something you want to be confidential? Mediation is a confidential process, unlike lawsuits.
- How quickly do you want to resolve the conflict? Mediation agreements can be reached substantially more quickly than a final judgment in the courts.
- How much do you want to spend? Mediation costs are typically substantially less than the cost of litigation.
Why choose an Epiphany Law mediator? Epiphany Law mediators:
- Recognize that achieving a mutually-crafted resolution is both economical and efficient
- Understand the importance of preserving long-term commercial relationships
- Have substantial experience evaluating and understanding complex legal disputes
- Foster communication regarding even the most difficult business challenges
What’s the difference between mediation and litigation?
Litigation is a very formalized process of resolving disputes according to established rules and procedures in a court of law, where the ultimate decision is often made by a judge or jury. Mediation is an informal and confidential process of dispute resolution where a neutral, experienced mediator helps parties work through their dispute and develop their own solution.
What are the benefits of mediation?
- Faster Outcome. Mediation can resolve disputes much more quickly than lawsuits.
- Reduced Cost. Mediation is generally far less expensive than litigation.
- Increased Control. The outcome of mediation is an agreement negotiated by both parties, whereas in litigation the outcome is decided by a judge or jury.
- Mediation is confidential in nature, whereas litigation records are matters of public record.
- Parties consent to participate in mediation and may withdraw from the process at any time.
Types of business disputes Epiphany Law mediates:
- Breach of contract
- Shareholder disputes
- Copyright and trademark infringement
- Trade secret disputes
- General contractor/subcontractor disputes
- Breach of fiduciary duty
- Defamation, including libel and slander
- Family business disputes
- Internal human resource disputes