It is particularly useful in commercial disputes involving complex business issues. Mediation enables parties to exert control to resolve their differences in an informal, confidential collaborative problem-solving atmosphere with the opportunity to focus and resolve the real causes of the conflict. Arbitration involves a determination by a neutral arbitrator to ascertain who is right and who is wrong. Arbitration is an adversarial process that is similar to litigation, and for this reason it is not generally preferred as an alternative to litigation. Arbitration is similar to litigation, but is should accelerate the decision-making process as long as it is not abused.
Mediation is offered to business owners as an alternative to litigation to resolve disputes.
Mediation is not litigation and most business owners are unprepared for it. Mediation is a moderated, structured forum for negotiation through a third party mediator who serves as a facilitator to encourage communication likely to produce a settlement. Mediation discourages aggressive actions and attitudes that present barriers to effective negotiations and agreement. Contact Irving Capitel for more information.