Save Time – Save Money – Get on with Business
In Mediation and Facilitated Discussions the Parties Control the Outcome.
Mediation Offers the Opportunity to Resolve Disputes without the Risk of an Unknown Outcome Decided by a Judge, Jury or Arbitrator and at a Fraction of the Cost and Time Required for Litigation.
Facilitation Allows Parties to Engage in Discussions under the Guidance of a Neutral Who Can Help Them Understand Each Other’s Interests and More Effectively Work Together.
You may want to consider taking a dispute to mediation or engaging in facilitated discussions with an independent third-party in the following business situations:
- Pre-litigation Dispute
Parties to a business transaction have a dispute. They often have tried to discuss the matter directly among themselves. They may have lawyers who also have tried to address the dispute short of litigation. Perhaps the business relationship is valuable, and the parties are hopeful that it can be preserved. Those involved believe that litigation would worsen the situation and be counter productive. The parties may wish to explore options for resolution not available through the court.
A complaint has been filed by one or more parties to a dispute in court or for arbitration where a third party judge, jury or arbitrator will decide the issues of the dispute within a legal framework. Working out a dispute through the court system is time consuming, expensive and stressful for most people. Litigation is a drain on resources, both human and monetary, that most businesses would prefer to avoid. Most businesses seek to resolve disputes as efficiently as possible and focus their time and resources on growing and maintaining business.
- Impediments in a Business Transaction
Parties are working together on an promising business opportunity. Most of the pieces are coming together but the parties hit a snag that threatens to derail the whole transaction. The parties to the transaction and, if they are represented, their lawyers reach a point where they believe it is in the best interest of all concerned to bring in a neutral third party to facilitate their workout of the impeding matter. This proactive approach of using an impartial facilitator can minimize the loss of time and money caused by lengthy delay or, in fact, prevent the loss of the business opportunity entirely.
- Internal Conflict Within a Business
Conflict among people within a business can result in significant losses in terms of productivity, creativity, financial resources, etc., and in some cases threaten the existence of the business. Partners in a partnership, shareholders in a small corporation and members of a family-owned business are examples of businesses where the relationships of the people involved in the business often are crucially significant. When seemingly intractable conflict arises, an impartial outsider skilled in facilitating discussion can often help the parties to work more effectively together.
CPLS mediation attorneys are experienced in handling many areas of business, including:
- Business Formations, Mergers, Acquisitions and Dissolutions
- Intellectual Property
- Real Estate