Business Dispute Mediation Failed. Now What? Mediation is a good option for assisting in business disputes that have come to a stalemate. However, even the best mediation can fail to resolve the problems. This may occur for a number of reasons, but, generally, it happens when neither party is willing or ready to compromise. There may be just one or two issues left to resolve, but unless the parties agree, the mediation is unsuccessful. If business dispute mediation has failed to provide a resolution, the parties have several options.
Try Mediation Again
If mediation failed, it could be because the parties simply were not ready to resolve the issues. Both parties could take a step back from mediation and discuss the matter with their attorneys. Sometimes if you choose a new mediator and allow some time to go by, you may be better able to resolve the matter through mediation. Keep in mind that whenever you can mediate a solution, you are more likely to have a better outcome.
Negotiate On Your Own
When a mediator has failed to assist in providing a resolution agreeable to both parties, you may be able to continue negotiations on your own, through your attorneys. It is necessary to identify the major areas of dispute so you can concentrate on those. A skilled attorney may have some creative resolution options that were not yet discussed.
Take the Matter to Court
Once it is clear that mediation or negotiations have irretrievably broken down, you may decide to simply take the matter to court. You may be ready to allow the judge to make the final decisions. However, it is essential to discuss the potential outcomes with your attorney, because once a decision is made in court, you will typically have to follow through with the result.
Discuss Your Options
It is advisable to discuss your available options and potential outcomes with your attorney before making any decisions. There could be specific reasons in your case that should help you determine which way to proceed. For example, if your case is weak, you may be better off making a compromise rather than risking the outcome in court. If you are stuck on just a few areas of dispute, your attorney may be able to help work through them. Your attorney knows all the details of your litigation and you can count on him to guide you to a result that is always in your best interest.
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 Business Dispute Mediation Failed, or any other litigation matters, please feel free to contact Roger C. Decker at 480.461.5343, 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.