Avoiding Litigation at All Cost!
Litigation is expensive and time-consuming. It’s usually a total distraction from the rest of your life. Responding to discovery creates apprehension for everyone. Your life and your business activities grind to a halt.
Litigation takes place on everyone else’s schedule: the other side’s, the court’s and your lawyer’s. Here are examples of what happens when your business has to litigate to solve a dispute:
- Employee Disputes. A fight will often destroy the relationship with the employee. In the meantime, your current employees will watch carefully to see how you deal with the former employee.
- Business Co-Owner Disputes. Engaging in litigation all but assures that the relationship between the two of you cannot survive.
- Customer Disputes. Litigation guarantees the customer will become a “former” customer and the bad publicity from the litigation may get back to your other customers and harm business growth.
- Tenant/Landlord Disputes. Your relationship is going to be strained at best unless you can have a conversation in a safe, controlled setting.
Benefits of Commercial Mediation Services
Mediation solves many of these issues.
- The process is completely confidential (with some limited exceptions) so what other customers and employees know is entirely up to you.
- Meetings are scheduled at your convenience.
- Whether or not each participant hires his or her own attorney, it’s less time-consuming and less expensive.
- You speak for yourself and control how aggressive the conversations are (at least from your side of things).
- The discussion is not limited by the rules of law or evidence. Nor are the solutions. The creativity of the solutions is generally limited only by the limits of the imaginations of those mediating and the creativity of the mediator.
Why You Should Choose Resolution Point: Trusted Experience
While Resolution Point may be most known for providing divorce mediation services, we have mediated several hundred commercial cases including business/customer, owner/employee, business/supplier and landlord/tenant. At Resolution Point, you don’t have to choose between mediators who are lawyers or not, and between mediators who are certified or not. Our mediators Danny Burk and Moné Ardura are:
- Lawyers. Danny is admitted to practice in Virginia and the District of Columbia. Moné is admitted in Maryland and Massachusetts.
- Virginia Certified mediators. Certified by the Supreme Court of Virginia to receive court referrals from Virginia Juvenile & Domestic Relations, General District and Circuit Courts. Both Moné and Danny are also certified to mentor mediators-in-training.
- Business owner experience. Danny Burk is a former technology business owner who sold his company in 2000 after almost 15 years of successful operation.
Every commercial mediation is different and every mediator’s approach is different. Here’s an example of what generally happens at Resolution Point.
- To begin the mediation process, we will have a “mediation orientation” in which we talk about the mediation process, the goals of the mediation, the role of the mediator, and the role of lawyers if they’re going to be involved. If everyone is comfortable with continuing, everyone (including the mediator) signs an Agreement to Mediate.
- Prior to our first session together, we may speak separately with each interested person to identify the areas of concern and what each person sees as the goals of the mediation. In some cases, we may even request written statements outlining each person’s positions to help us ensure that the mediation is focused but doesn’t leave out issues that may be important to one of the participants.
- To get started, we usually will hear from each interested person to be sure that everyone understands the challenges to be addressed and that goals for the mediation are shared. Where the conversation goes from there is dependent on the nature of the topics to be discussed.
- Depending on the nature and complexity of the mediation topics, we will meet for one or more sessions to work through the topics and discuss scenarios for moving forward.
- How a mediation continues is very fluid. What is always consistent is the confidentiality of the process and the protection of separate conversations you may have with the mediator. All decisions will be made by the interested parties. Once resolution has been reached on all or most topics, your mediator will draft an agreement containing the issues discussed and resolutions reached. Sometimes when lawyers are involved, the agreement will be drafted by the attorneys. In that case, the mediator will often review the agreement to ensure it matches the mediator’s understanding of the agreements reached.
Our Child & Spousal Support Calculators:
Resolution Point offers remote mediation services at no extra charge when parties can’t be in the same room due to schedules or other conflicts:
- ▪ 4-way phone conference calling
- ▪ Video conferencing
- ▪ Internet connectivity which allows parties to watch everything remotely on their computer screen as it’s happening in our office.
WHAT OTHERS SAY
“I wanted to … thank you again for your excellent work in easing us through this painful process. Over the past year, I’ve had many occasions to consult the PSA you drafted, and, each time I do, I’m impressed with the quality of your work. I was especially impressed with the cordial, yet business-like, atmosphere with which you conducted our mediation, which made this difficult undertaking bearable.”