Do Mediation Tactics Change Based on Business Size?
Large businesses typically have more complex commercial disputes that may involve litigation or extended mediation. However, for a small business dispute resolution, mediation is often the most viable and pragmatic option.
As a small business owner, even if you believe you can win a case in litigation, it may still be a poor business decision to litigate. Once the litigation process begins, you have no idea how long it may go on and how much it may cost you until it concludes.
Small businesses operate with tight cash flow, and it may be challenging to allocate sufficient funds for a competent legal team and enough time to attend hearings. The market reputation of small businesses is often fragile, and a legal fight in court could result in both sides hurling damaging statements and accusations in full view of the public. This article will examine mediation tactics and how they change with businesses of varying sizes.
Small Business Mediation
Commercial mediation for small businesses can resolve various disputes without the drawbacks of litigation. During the mediation process, the professional mediator, who is a neutral third party, will help both parties frame the terms of discussion.
Unlike litigation, the approach in small business mediation is not adversarial, and the goal is to achieve a settlement agreement that is satisfactory to both business owners. Sometimes a successful small business dispute resolution through mediation may end with both parties leaving with a memorandum that specifies to what each party agrees.
It is important to remember that even if commercial mediation fails, you will still retain your right to file a lawsuit in the future. Moreover, the mediation process will help ensure that both sides are aware of the other party’s principal grievances.
From a business viewpoint, another key benefit of approaching a dispute through commercial mediation services is that you will be able to avoid public relations problems. The process will mostly remain away from the public eye, and your employees, customers, vendors, financiers, and the general public will not know the nitty-gritty of your dispute.
Small business mediation is far more affordable than litigation. In mediation, the two parties in the dispute split the costs equally. Furthermore, mediation frequently only requires a few hours, whereas litigation could entail paying a trial lawyer for hundreds of hours of service.
Call for a Free Mediation Consultation
If you find yourself in a lawsuit that is heading toward mediation, you need to speak with a mediation attorney immediately. Call Shapiro Mediation today at (339) 298-7733 or contact us online to schedule a free consultation with one of our mediators at our Massachusetts or South Florida office.