Mediation is an alternate method to resolve a dispute in business or other civil actions. Although not mandatory in California, except for child custody matters, parties in a civil dispute can agree to mediation as a productive way to recognize common ground and create paths to settlement.
As one of the top business attorneys in Los Angeles, Omni Legal Group found that offering mediation services to clients provided an economical way to solve disputes by focusing on solutions rather than arguments.
Step 1: The Subject Documents
Each party and the mediator must know the documents at issue, and the mediator must be given ample time to prepare. The preparation of the parties and the mediator will be based on these documents.
Step 2: The Decision Makers
The decision-makers of each party must attend the mediation. Mediating a business dispute can either be a solution to maintain and continue an ongoing relationship, or for the parties to amicably part ways without one party feeling like it lost.
Attorneys should always accompany their clients to mediations and never attend nor make a decision on their own.
Step 3: Listen
The most effective communication tool is listening. The art of listening is to do so from the other side’s perspective.
Everyone involved in mediation can ask questions if and when something is not understood.
Step 4: Keep Both Sides Content
Mediation aims not to find which party is right or wrong; no party should feel like they won. Both parties should content enough to proceed with the process and agree to be bound by the solutions.
Step 5: Address All Issues
An effective mediator will not address only the major issues. All issues in the dispute and those that can arise when the solution is implemented must be addressed and discussed.
To be sure, any unresolved issues will surface at some future point.
Step 6: Setting Clear Goals
The mediator must know each party’s goals for the outcome and the time beyond the solution. For example: Do the parties want to part ways or continue the relationship under different terms?
All goals must be realistic and achievable.
Step 7: Brainstorming
The decision makers attending the mediation must participate in the brainstorming session. This will enable each party and the mediator to recognize the solutions each party is willing to accept.
The mediator must facilitate the process but not influence it.
Step 8: The Process
It is the mediator’s responsibility to ensure that each party clearly understands the process. An effective mediator will explain the focus of reaching solutions and not emphasize the validity of the arguments.
Step 9: Creativity
The brainstorming session should invite creativity. The creation of workable solutions should be positive and based on equal input.
Step 10: The Mediator Sets the Tone
The parties will be less stressed if the mediator is not stressed. Stress will become evident when the process is not working toward a creative solution for both parties.
The best way to alleviate stress is to recognize when mediation is not the best way to resolve the dispute and act accordingly.
Take Action and Schedule a No-Cost Consultation With a Knowledgeable Los Angeles Business Litigation Lawyer Today
Litigation is based on the merits of an argument. Each party will be in a better position when the focal point of an argument is known. The parties will soon find litigation at times to be contentious. Disputes often resolve sooner when the parties take the time to mediate and broaden their understanding of the other position.
If nothing else, mediation will set the path for litigation.
If you are or will be involved in a business dispute and would like to discuss the mediation process with a highly reputable, professional and experienced Los Angeles business litigation lawyer, please contact Omni Legal Group at 855.433.2226 and for further information visit www.OnmiLegalGroup.com.