Business Disputes

The Benefits Of Mediation Over The Litigation System For Successful Conflict Management

Conflict in your business can have a devastating impact. If you don’t identify and resolve conflicts in the most effective way then this can really affect your bottom line. Below you will find the advantages of using a business mediator over the litigation system for successful conflict management.

You are in Control of the Outcome

You will not have any control over the outcome of a conflict in your business if you go down the litigation route. When you use business mediation for conflict management, both parties involved agree the final settlement. These agreements will be easier to implement and are more likely to stand the test of time. With litigation a judge will impose the solution.

You are in Control of the Process

You choose the business mediator that you want to work with and will inform them of the conflict issues that need addressing. All mediation sessions are scheduled with your involvement and you are in control of the costs of the process. You have predictability with the business mediation process which you certainly won’t have with the legal system.

Your costs will be less than with Litigation

A business mediator is a facilitator and a coach as well. You will know upfront what the charges are and the likely cost of each session. There will need to be a document drawn up detailing the agreements and there will be a cost to this as well.
When litigation is involved you are very unlikely to be in control of the costs. Lawyers will have to make important decisions on your behalf which is certainly not ideal. Court cases can run on and on and the legal fees increase as a result.

Business Mediation is likely to take a lot less time

When you use business mediation for your conflict management then you are likely to get your dispute resolved a lot more quickly than by using the legal system. You can control the number of sessions that are required and when they happen.
Anything can happen in the court process to delay things. Lawyer fees will be significantly higher than business mediator fees, and it is in a lawyer’s interest to make the process as long as possible so that their billable hours can stack up.

Your Dispute is Confidential

The last thing that you want with a workplace conflict is news of this to be in the public domain. This can severely impact customer confidence, and you may find customer’s leaving without explanation.

With the business mediation process your conflict management is all kept confidential. Internal problems need to remain internal, so that your goodwill and reputation are preserved. If you choose litigation to manage conflict then anything stated in court goes on public record, and this can have a high cost going forward.

Business Mediation is a Win-Win

If your conflict is internal between management and employees then it is in your interest to provide a resolution that works well for all. The same applies for business to business disputes.

When you go through the court system there is no relationship building. The outcome of litigation will often result in a solution that only one party is happy with.

Sometimes neither party is happy with the outcome. It is very rare that a litigated outcome is a win-win.

Mediation sessions will take account of all aspects

Lawyers and the courts are only really interested in legal matters. A business mediation session facilitated by a neutral third party can uncover issues including underlying problems such as personality clashes and so on.

When everything is out into the open then the mediator can use this to facilitate a solution that will be acceptable by all. The individuals involved will buy into the solution a lot more if everything is discussed and this has influenced the final agreement.

Mediation Outcomes are more likely to satisfy all involved

Business mediation has a high settlement rate with conflict management, and this is mainly because the parties are generally more satisfied with the agreed outcome than they would be with having a court decision imposed on them.