Mediation is often misunderstood in the business world. Misconceptions cloud its true value in resolving disputes. As business owners and senior executives navigate the complex landscape of negotiation and resolution, it is important to debunk common mediation myths. In this article, we will shed light on the misconceptions that may be stopping you from resolving disputes early.
Unveiling the Truth: Mediation in Business
Misconceptions Surrounding Mediation
Mediation is often viewed as a last resort. Actually, it is a proactive dispute resolution tool. Many business professionals mistakenly believe that asking for a mediation signifies weakness or surrender. In fact, it is a wise and efficient process to minimise costs and business disruption for both sides of the dispute. It's not a sign of giving in, but rather a means of taking control away from the unpredictable, expensive and slow outcomes of litigation.
Another common myth is that mediation is too costly and time-consuming. Interestingly, the mediator's fees are generally far less than the costs of the lawyers and are split between the parties. While the mediation is not guaranteed to resolve the dispute, there is definite benefit and efficiencies from having the lawyers on both sides focus on just your dispute for a day and talk with the other side. Far more can be achieved in a conversation in a mediation than by a backwards and forwards exchange of legal letters.
Mediation vs. Litigation: A Clear Distinction
Understanding the difference between mediation and litigation is critical for any business professional.
Litigation is adversarial. A judge makes a binding decision after considering the arguments presented by each side. The process assumes that one party is right and the other is therefore in the wrong. It also means that a judge has to decide between two sets of evidence and decide who is right. A nervous but honest witness may not come across as credibly as a dishonest but confident one.
In contrast, Mediation is a collaborative process where the parties involved work together with a mediator to reach a mutually acceptable solution. The mediator facilitates the conversation but does not impose a decision. Mediation recognises that each party may have a different perspective of the law and the facts but works with these different views rather than needing to determine what the "truth" is.
Unlike litigation, mediation is confidential. Not only is your business data not on the public record, but the mere fact that you have a dispute is confidential. A future customer or business purchaser can look up court records to find any litigation that your business has been involved in. There will never be a public record of a mediation done ahead of potential litigation.
Harnessing the Power of Negotiation and Resolution
Mediation is grounded in the power of negotiation. Unlike litigation, where the focus is on legal rights and liabilities, mediation zeroes in on interests and objectives. This allows for more flexible and innovative outcomes. In court there are only certain remedies a court can award and these don't always solve the real problem.
A skilled mediator guides the dialogue, helping parties identify their priorities and craft a resolution that aligns with their business goals. This process can lead to not just a settlement, but a strategic alignment that may yield benefits beyond the immediate dispute.
Perhaps one of the biggest benefits of mediation is that the skills and strategies used in mediation can be applied to other aspects of business negotiations. With a skilled mediator who explains the process along the way, parties often learn valuable negotiation techniques that can improve their overall communication and deal-making abilities. The mediation investment is not just about the dispute at hand but an investment in learning.
Ready to Harness the Power of Mediation?
After exploring the benefits and misconceptions around mediation, it's clear that this approach can be a game-changer for dispute resolution within your business. If you are ready to take control, minimise costs, and achieve beneficial outcomes for your business, consider reaching out to an expert mediator.
With extensive experience in business mediation, Nicole Davidson helps businesses successfully negotiate resolutions to disputes, while imparting useful negotiation techniques that can enhance your overall business communication and deal-making abilities.
To learn more, reach out. We'd love to chat with you.
Phone: +61 403 523 700
We look forward to helping you navigate the path towards resolution.