There will always be disagreements and conflicts in business. They will occur even under the most carefully designed contracts. There might be issues of conflicting interests among parties. There are many mechanisms of dealing with conflicts like seeking legal redress and you can choose to carry out mediation as an arbitration measure. Many will agree that court battles are always acrimonious and expensive. They leave stakeholders in confusion because of the different legal interpretations that business partners put forward in trying to prove their points and win their cases. They are usually publicized and the dirty linen of the businesses’ disagreement will be for all to see and hear. It is a form of conflict resolution that many business men try to avoid because of the kind of baggage that accompanies litigation. For some it is usually a last resort.
Mediation on the other hand is a peaceful and sober way of trying to resolve issues. There needs to be a mechanism that will guide mediation. There has to be an assurance that the discussions will be carried out in good faith and for a specified period of time. It is important to set timelines for efficient and timely dispute resolution so that business can go on. The award sheme should also be specified so that no one goes home feeling cheated.
You may wonder how can commercial mediation help businesses in conflict? Well, it saves time, money and it preserves cordial business relations. To expand these points here is how commercial mediation can help businesses in conflict;
It is cost-effective
No sound businessperson would want to unnecessarily lose money. No one wants to engage in unwise expenditure that could be a detriment to their business. Commercial mediation enables you to save money that could otherwise have been used in a court process. The cost of lodging a case, then possible compensation, the cost of litigation is a loss that businesses would want to avoid.
It saves time
Commercial mediation as opposed to court proceedings does not consume much of your time. Time that would otherwise have been used to make profit, is normally used in lengthy and arduous court battles. It becomes a distraction to the organizations’ staff who will slack off and concentrate on the proceedings. Further time is wasted when it is used for meetings on how to strategies to win the case. Commercial mediation gives an assurance that disputes will be solved amicably.
Commercial mediation provides a guarantee of fairness. Mediators would be drawn from a source that has no conflict of interest with either of the conflicting parties. Since they would have no stake in the outcome of the resolution, they would give a solution that is workable and agreeable to all parties. A mediator would meet with both parties separately and hear their side of the story and do the same for their disputers. This helps the mediator to come up with a resolution that considers both parties’ grievances and the favorable solutions. In a court proceeding, the State may have a stake in one of the partners and they could try to influence events in their favour.
Commercial mediation can provide a compromise to all parties
The litigation route is normally a bitter one to take especially if the outcome does not favor one of the parties. Commercial mediation will provide a compromise where the law cannot. In mediation, you can be allowed to be innovative and structure a new way forward. You can be flexible and allow diverse methods of conflict resolution to be taken for the good of the business concerned. In a court once the gravel is dropped, there can be no alternatives for a favorable business relationship because the judge uses the applicable law.
Commercial mediation as well as family mediation services provided in Oxford or any other office in the UK is private and mature. Going to court leads to a public and uninspiring duel. In fact having your conflict resolved out of court will attract investors to the businesses. There will be no exposure of the details of the disagreement. This will also instill stakeholder confidence in the businesses.
There is always a feel-good factor when disputes are resolved in a peaceful way. The use of Commercial mediation will foster and buttress warm business relations and this will strengthen confidence of doing business together.
These are some of the ways commercial mediation can help businesses in conflict. It is a wise move and it is good for the individuals involved and good for business.