When considering mediation and your commercial case, what do you do when mediation doesn’t make sense for your commercial case? If you are involved in a conflict with another individual over commercial issues, it’s common to consider benefits of going to mediation first. In some situations, mediation can help you save time, money and aggravation by working towards your own resolution with the other party outside of court.
The Benefits of Mediation
When mediation works well, it is a wonderful thing. You can save a lot of money and time going through this process and you also have more flexibility and control over how the process unfolds and what the solution looks like. That being said, there are situations where it doesn’t make sense to continue working with mediation.
When the Other Party Will Not Cooperate
It’s a great idea to attempt to use mediation as a first line of defense, but if the other party is unwilling or unable to negotiate or cooperate with you, there is little purpose in continuing with mediation. The other party may not be willing to budge at all on his or her demands even if a mediator suggests that he or she should do this because the case is not as strong as the party believes. In these situations, you may feel backed into a corner.
When You Cannot Have a Rational Conversation with the Other Person
Another situation where mediation may not be the appropriate venue for resolving your case is when the other party is too heated or angry about the situation to even have a sensible conversation about it. In order to succeed a mediation, both of you need to be level headed and willing to work together. If the other party is not willing to come to terms with this, there is little sense in proceeding with mediation. You will likely end up leaving the process frustrated and having to go to litigation anyways.
Why You Need a Business Attorney to Help You
You should always consult with your Arizona business litigation attorney to learn more about mediation and how it can impact you. In the situations where mediation is an ideal outcome, it can be extremely beneficial to work with a mediator. That being said, you also want to have access to a knowledgeable business litigation attorney in the event the mediation doesn’t work out. Make sure you think carefully about your options before heading to litigation, as mediation may be an alternative in certain cases where the circumstances are appropriate.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Mediation and Your Commercial Case, or any other commercial litigation matters, please feel free to contact Joel E. Sannes at 480.461.5307, or log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.
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