The Role of a Mediator in Business Law Cases

business law

The Role of a Mediator in Business Law Cases

When businesses are in dispute, mediation is an approach that may help avoid litigation. Litigation in the courts is expensive, time-consuming, and in the case of companies who work together, can lead to strained relations and the prospect of a cessation of all future working agreements. Mediation avoids these difficulties, instead of seeking to find common ground where a dispute can reach a resolution through negotiation and understanding. Expert mediators are an essential part of this process. But what role does the mediator play in these cases?

The Role of a Mediator in Business Law Cases

In business law cases, the role of a mediator is to both assist and guide the parties towards an amicable resolution. This resolution, however, must be arrived at by the disputing parties of their own accord, not through the mediator themselves, who instead helps the parties better understand the issues at hand, and focuses their attention on achieving a resolution. 

The duties and role of a mediator in business law cases can be broken down to:

  • Conduct mediation both fairly and in an unbiased manner
  • Avoid conflicts of interest
  • Make reasonable inquiries to determine possible or potential conflicts of interest
  • Maintain the confidentiality of the mediation process
  • Withdraw from the mediation process if they cannot maintain either impartiality or confidentiality

alternative dispute resolution

Is Mediation Right for Your Problem?

Corporate disagreements are problems that need to be solved, not contested in courts. An experienced business law mediator assists in this process by meeting with all parties, determining their fundamental interests and any barriers that exist, and overcoming these roadblocks through effective communication and finding common ground for negotiation.

Business law mediation works for businesses of all sizes and offers a host of benefits, including:

  • Saving time and money
  • Saving the stress of lengthy court battles
  • Keeping existing corporate relationships intact
  • Better results for all involved versus litigation
  • The convenience of fitting into your schedule – not the court’s. 

Beyond these benefits, business law mediation is entirely confidential, which is a huge plus for nearly every business. Before mediation may begin, all parties are liable to sign a confidentiality agreement, which ensures that everything the parties discuss in the mediation room remains there, unless both parties agree in writing. 

lawsuit mediation

Why Choose Shapiro Mediation’s Business Law Mediators?

At Shapiro Mediation, our entire focus is on our client’s business law needs. Our skilled team has decades of experience in business law, giving them the understanding to handle any issues which may arise and the understanding of the complexities of many disputes. This understanding is why our mediators always strive to work with all parties to understand all aspects of their dispute and determine any areas for compromise.   

If you find yourself in a business dispute, mediation is the fast, affordable and effective way to resolve conflicts amicably and professionally. Our staff is up-to-speed on the business issues that matter most to your firm and can help mediate a wide range of business matters that affect your company.   To learn more about how an experienced Massachusetts business law mediation attorney can help you, call Shapiro Mediation today at (339) 298-7733.