Alternative Dispute Resolution is a procedure by which parties attempt to settle disputes without litigation. A common form of alternative dispute resolution is mediation. Mediation can be used in most non-criminal cases, including disputes involving leases, contracts, and small businesses. During mediation, the parties work cooperatively toward a fair resolution of their dispute with the assistance of a neutral mediator who facilitates the process. In this article, we discuss tips for a successful alternative dispute resolution mediation.
Leave your ego at the door. Mediation is intended to resolve conflicts without litigation. Therefore, when participating in mediation, don’t focus solely on winning. When you make winning your primary goal in mediation, the other party picks up on this, and it rarely results in a resolution of the issue.
Focus on resolution. Related to the point above, always keep in mind that your goal is to resolve your conflict. This means that you must be prepared to concede certain things to the other party. Remember, a successful mediation leaves both parties feeling like they’ve achieved a satisfactory result.
Be respectful. In order to reach a satisfactory resolution, you must be respectful during mediation. While litigation is often a contentious, adversarial process, mediation should be cooperative. This doesn’t mean that you shouldn’t attempt to obtain a result that benefits you and your business. Rather, it means that in order to obtain such a result, respect and cooperation are far more effective than disrespect and combativeness.
Focus on facts, not emotions. During a legal dispute, it’s common for those involved to feel frustration and anger. However, these negative emotions can be largely avoided by staying focused on the facts at hand. By focusing solely on the facts, a successful resolution becomes far more likely. The more emotional you get, however, the less likely you are to think clearly, and this rarely leads to a good result.
Be patient. Finally, in order to achieve a successful result in alternative dispute resolution mediation, patience is a must. Impatience, on the other hand, leads to poor decisions—decisions that can cost you and your business dearly. One thing to keep in mind during mediation is that the process is much quicker than litigation. Therefore, there is no reason to be in a rush as you attempt to reach a satisfactory resolution. After all, you are already saving a lot of time and money by opting for mediation.
New York and Long Island Business Dispute Attorney
If you are involved in (or anticipate becoming involved in) a business dispute in New York, you should consider contacting working with a business dispute attorney,who you can find at Business Law Firm LLC. Contact us to schedule a preliminary consultation.