Fort Mitchell Commercial Attorneys Resolve Disputes through Mediation
Reputable law firm helps business clients overcome impediments to success
Companies that engage in commerce will inevitably find themselves embroiled in legal disputes. The challenge is then to resolve the controversy with as little disruption to operations as possible, while salvaging as much benefit as possible from the underlying transaction. Companies that accomplish these two objectives preserve resources and relationships with trade partners, enhancing their prospects of achieving their business goals. At Hemmer DeFrank Wessels, PLLC, part of our mission is to help our clients solve problems creatively and economically. One of the processes we use to fulfill this mission is mediation.
The business and commercial mediation process
Mediation is an alternative form of dispute resolution where opposing parties meet with a neutral mediator, who guides them through discussions to a settlement agreement. The basic steps in the process are as follows:
- Parties agree to enter mediation and agree on a mediator.
- Parties prepare for their mediation session.
- Parties meet, generally at a neutral site, such as the mediator’s office.
- Mediator welcomes the parties and explains the ground rules for the process.
- Mediator asks the parties for a statement of their positions.
- Mediator may ask a series of questions to further clarify the statements.
- Parties retire to caucus, and the mediator meets individually with each side, discussing their positions and proposing solutions.
- Mediator engages in “shuttle diplomacy,” passing back and forth between caucuses, eliciting movement from each side toward a compromise.
- Mediator records points of agreement until the parties reach complete agreement or the points of disagreement are deemed insurmountable.
- If an agreement has been reached, the mediator produces a document for the parties to review and sign, settling the dispute.
- If an agreement has not been reached, and parties are convinced further mediation will not resolve the outstanding issues, the parties adjourn and move forward with litigation.
There are many benefits to mediating disputes rather than resorting to a lawsuit. Mediation often helps parties to:
- Save time — Mediation can happen on your schedule, because you are not restricted by a crowded court calendar. Therefore, the process moves more quickly.
- Save money — Since the process is informal and nonbinding, you don’t have to perform exhaustive discovery or trial preparation ahead of time, so costs are kept at a minimum.
- Save relationships — Importantly, the process is cooperative, so you have the opportunity to strengthen a business or commercial relationship that may have been strained by the dispute.
Business and commercial mediation has a high rate of success, but even if you don’t reach a complete settlement, mediation can narrow the scope of the issues you have to litigate, so you ultimately save time and expense.
Providing counsel and mediation services
Attorneys at our firm provide two separate types of legal services related to mediation. First, we act as counsel for business and commercial clients engaged in mediation. We act as your advocates during the process, preparing you for mediation sessions and advising you during talks.
Todd McMurtry, a Harvard-trained mediator, is also available to mediate for business and commercial disputes. Given the range of our attorneys’ experience — as counsel to healthcare providers and municipalities, as well as trusted advisors to entrepreneurs — we are well-positioned to guide discussions toward creative, mutually beneficial solutions. When you also consider our longstanding commitment to personalized services and the down-to-earth atmosphere we’ve always maintained in our comfortable offices, you can understand why Hemmer DeFrank Wessels, PLLC is the appropriate firm to manage your business and commercial mediation.
Contact Todd V. McMurtry at Hemmer DeFrank Wessels, PLLC to learn how mediation could be the right option for you.
