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Columbus Business Law Attorneys Discuss Mediation of a Commercial Dispute

Columbus Business Law Attorneys Discuss Mediation of a Commercial Dispute
November 29, 2016 Shannon Dawes
Lawyer to Mediation of a Commercial Dispute

Columbus Business Law Attorneys Discuss Mediation of a Commercial Dispute

There are virtually a limitless number of legal problems that can arise in a business context, such as contract disputes, collection issues, and intellectual property infringement, just to name a few examples. Regardless of the type of dispute, courts generally require litigants to participate in mediation of a dispute before setting a case for trial. While mediation can offer an effective form of alternate dispute resolution (ADR), there are certain considerations that business owners should consider andunk4. Our Columbus business law attorneys address some of these issues below:

When is the best time for the mediation process?

The timing of mediation can have a significant impact on its outcome. When mediation occurs too early in litigation, the aspects of litigation that can motivate settlement might not have been sufficiently experienced. The disruption, conflict, and cost of litigation can motivate more effective negotiations. By the opposite token, mediation too late in the litigation process might be unappealing because of the amount the parties have invested in the case. Extensive amounts spent on litigation expenses might make it compelling to proceed to trial to recover the costs of litigation.

What is the nature of the relationship between the companies in litigation?

Mediation can provide an environment that permits the parties to continue to work together and preserve the business relationship after resolution of the dispute. The possibility of future business dealings might present options to allow resolving the current conflict. For example, a settlement of the current business dispute might include a promised discount on future transactions. When the parties to mediation are involved in a one-time, isolated transaction, settlement of the lawsuit will focus on more immediate financial considerations.

What is the best outcome of the litigation?

Our business litigation lawyers discuss potential outcomes with clients to set parameters that can guide the mediation process. If our client is a builder with multiple contracts with the other party on multiple projects, the resolution of a current issue might require modification of all existing business even if it is outside the scope of the current dispute. In other cases, a subcontractor might need to be removed. The key is that we carefully analyze prospective settlements so that the mediation process to give the settlement process the best chance to resolve the case.

Who is the attorney for the other party?

Our lawyers advise business clients about what to anticipate from opposing counsel. If the attorney on the other side does not believe in win-win solutions, we can advise our clients that mediation might not be a productive process.

These are just a handful of considerations that must be evaluated to efficiently and effectively utilize this ADR mechanism. Our Columbus business law attorneys can guide you through the mediation process while helping you avoid potential traps and pitfalls.

If you have questions about mediation of a business dispute or other issues related to commercial litigation, our Columbus commercial litigation lawyers at Dawes Legal, LLC can answer your questions and discuss your options. We invite you to call us today 614-733-9999 or email us.