A Guide to Mediation
When business conflicts occur, they can often arise with or without notice or warning signs, and can feel like you’ve been hit by a freight train.
If there could be just one thing I continually recommend above all else to anyone enduring or wishing to avoid forceful and hostile conflicts, it’s this – ‘Don’t hesitate, have a conversation and ask for help!’
30 years of experience in the mediation business has shown me, the earlier you ask for help, often the smoother, easier and less costly the outcome. Disputes and issues have a way of compounding and gaining momentum – just like a snowball does. It’s always best to start whilst you’re at the top of the slope. It can afford you a better perspective and foundations to work from.
Sorting out issues and conflicts in mediation, is a far better choice than going through the courts. Some reasons are more obvious than others.
Why Choose Mediation?
So, here’s my 9 reasons why mediation:
1. Commitment – It’s up to you
Mediation is a voluntary process. Parties who agree to mediation do actually want to resolve the issues.
2. Confidentiality – Fundamental
Mediation is strictly confidential and always private. Going to court is not. Mediation by law must remain confined and may not be used outside these parameters without permission.
3. Cost – A big one
Mediation simply costs less than going to court. Your fixed cost is known up front so there will be no hidden surprises or mounting costs.
4. Time – The most precious
You control the time not the system. Mediation can be arranged at short notice.
5. Flexibility – It fits in with you
Mediation is a flexible, informal process. You decide what you will discuss and can take a break whenever you need. Unlike court processes, which are very formal and controlled by a judge.
6. Honesty – Another fundamental
Mediators are skilled professionals, creating a safe environment where you are able to speak honestly about the impact the conflict is having on you and what you require to resolve it. This allows you to discuss issues, explore options and reach agreements that meet your needs, interests and expectations.
7. Support – If you need help, it’s there
Non-participating support persons are welcome to attend the mediation, subject to the agreement of all parties.
8. Agreement – You decide what to agree on
Your agreement may result in a simple handshake agreement, a written reminder, a signed agreement, which has some legal weight, or you can take further steps to turn your agreement into a contract. It’s totally up to you.
9. Finality – Get on with your life
Agreements reached in mediation are yours. Generally then these agreements are much more likely to be more successful in the long run.
Business Conflict Management
If you are experiencing or wish to prevent business conflicts and disagreements, please get in touch with me. Let’s have the conversation.