Singapore is a country that leads the way in International Dispute Resolution, so the very first study on the timing of mediation coming from the Singapore Management University should draw attention. The finding is that the earlier the mediation, the better. The study showed that the timing of referral to mediation, the stage of litigation and the level of contentiousness between parties affected the potential for settlement. Even choosing the path of litigation and advancing to a later stage seems to entrench parties in positions that are more difficult to dismantle. That’s not to say that you can’t mediate to break litigation deadlocks in mediation, but mediation seems to be a better choice for resolving disputes.
Why is Mediation Better for Business?
At first glance there might appear to be certain advantages in pursuing the path of litigation if you’re a business. After all you stand to win in court, perhaps recoup costs, and maybe re-establish your good name. However going to court is a risky gamble with your time and money. Here’s a few reasons why mediation makes cooperation worthwhile:
– Cost of dispute – litigation carries a greater risk that you will lose, putting your business, your employees and profits in jeopardy. Mediation is a cheaper process, and it is an input/output process – you pay to have your dispute resolved rather than gambling an unknown sum of money.
– Timeliness and timing – litigation is often a longer process that can eat into your time. As well as time, timing is important. Arbitrary court schedules can interfere with the running of your business and important business opportunities you may have to shelve. Mediation sessions can happen at the discretion of the parties. Most mediations settle within a few sessions.
– Business relationships – litigation damages relationships – not just between the parties in the dispute, but potentially with customers or other members of the business community. Mediation helps to preserve important relationships so you can move on after the dispute.
– Privacy – Unlike litigation, mediation happens in private and can protect important business secrets and good relations with customers/the public.
– Experts with specialist knowledge – You can choose a mediator who has specialist business, financial or technical knowledge to guide you towards a more appropriate resolution.
If you can think about conflict as a pitfall of doing business rather than a disaster, you can treat it with the same detachment you would other business matters. The bottom line should be efficiency. Mediation helps to view conflict in a different light. At BCS, we approach conflict with psychoanalytical, mathematical and legal tools to uncover solutions to complex problems. Mediation is a process directed by the parties and facilitated by a neutral mediator. Because the process is directed by the parties, rather than the courts, it can lead to creative solutions like mergers, buyouts and restorative justice.
How We Can Help
At Boileau Conflict Solutions we are a group of well-educated mediators and negotiators with financial, legal and psychological backgrounds who can mediate all business disputes and business relationships. We use unique approaches informed by game theory, psychoanalysis and communication theory and rely on best practices and negotiation theory to optimize the results you want and need. We offer mediation and negotiation, including individual consultation for our clients who need help achieving the best deal and protecting important relationships (sometimes called deal mediation). We also do corporate mediation within organizations. Corporate mediation is a facilitative open process where the mediator encourages resolution and growth in perspective. We mediate in a variety of business environments and at every stage of the dispute, from preventative mediation to establish good policy in beginning start-ups, to ongoing conflict management (whether unions are present or not). We can help resolve your dispute at urgent notice and in a fast and efficient manner if necessary. The business mediation settlement rate is high. Please contact us at our offices in Boulder CO, Campbell, CA, Irvine CA and San Diego, CA, to see how we can help. We are also available via Zoom, Facetime and telephone and can resolve disputes remotely.