Disputes. The very ideas of disagreement, miscommunication and difference of opinion each have a negative connotation. When was the last time you attended a dinner party and overheard someone saying, “Why I just love confrontation?”
Most people are shocked to find out that the basis of conflict is miscommunication. Misunderstandings fuel an appetite to create conflicts and eliminate conversation. This can be very dangerous for marriages in flux as well as companies facing issues with internal employees or third party partners.
That said, when it pertains to family and corporate law, there are alternative ways to resolve disputes. As an attorney and mediator, I always recommend mediation over the costly litigious process for divorce and business dispute resolution. But if you’ve never been divorced, let alone in a corporate conflict, how do you know where to get started?
First, you need to know that mediation exists to mitigate damage. Mediation can allow you to find out what the problem is, create dialog if there is a difference of opinion and move forward to avoid aggravating the situation and running up your legal costs.
Second, mediation is private and less expensive than litigation. There are no slugfests. Slugfests disguised as mediation don’t resolve a thing; everyone suffers during and long after the judgment is filed. Mediation can minimize the emotional, mental and financial challenges clients incur as a result of conflicts while simultaneously examining the merits of the law in each case to reach a settlement for all parties involved.
Mediation can also be used in the corporate context as a precautionary measure to establish a policy, protocol and understanding before future issues arise.
Lastly, if you wish to pursue mediation, obtain a referral. There are several ways to find and qualify a mediator that you feel comfortable with including Linkedin and Mediate.com. Mediators are not always attorneys.
With a platform such as Linkedin, you are able to see if you and the Mediator have any common connections. Leveraging the ability to obtain a character referral or testimonial from that common connection can put you at ease given the accountability that comes along with referral relationships.
Regardless of your conflict, a mediator is there to negotiate and bring together all the parties for agreement, knowledge and understanding. Most mediators will provide free consultations to potential clients. Make sure to find the individual you feel most comfortable with, you don’t have to start with the first mediator you find. Legal knowledge, expertise and putting you at ease should determine who you retain as a mediator to resolve your dispute.