What role does a mediator play in your dispute?

On Behalf of | May 12, 2022 | Business Law |

Dealing with a dispute with a business partner can feel like an enormous struggle and an even bigger undertaking. This is especially true if parties jump to the conclusion that the only way to solve it is via litigation.

Fortunately, other methods are available. One does not need to jump to a court trial. Instead, consider looking into alternative methods like mediation.

Mediation as an alternative

Harvard Law School discusses the process of mediation in relation to business disputes. Mediation is a form of alternative dispute resolution that focuses on the parties solving their differences on their own, rather than having an arbitrator or judge come to final decisions for them and enforcing those decisions by law.

A mediator also holds a unique role accordingly. They do not hand down a decision based on what they hear from all parties. Their word does not serve as anything legally binding, as is the case with judges and arbitrators.

What does a mediator do?

Instead, it is their job to referee group conversations and facilitate discussion among the parties involved. They will step in if they see tempers getting out of hand and attempt to wrangle the conversation if it appears to grow off topic. They will also work to ensure that every person involved gets to have equal amounts of time to speak their piece.

Finally, they provide valuable insight as a neutral third-party member. They have no personal stake in the situation, which means they can provide a unique perspective that no one else in the group can offer. This insight can help guide conversations and even help the parties come to a workable conclusion.