If you haven't yet considered mediation as a way to resolve business disputes, here's why you should.
That our justice system is rife with problems is not news. With few exceptions, litigation takes too long, costs too much, and often leaves even the winners feeling like victims- just some of the many reasons why deal-makers should favor mediation over litigation.
Think of mediation as negotiation with a moderator. The mediator (a neutral third party) listens, questions, clarifies, sets ground rules and suggests alternatives, all to help the parties work out their own solution. A mediator has no authority to bind the parties, unlike an arbitrator, a judge or a jury. Jane Guerin, an attorney specializing in mediation and a UCLA law lecturer, highly recommends mediation. "Compared to litigation and arbitration," she says, "the parties have greater control over how their dispute is resolved."
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