Mediate - Don't Litigate...It Makes Business Sense

Mediation is a negotiation process that enables YOU, the interested party, to be the decision-maker. The mediator's job is that of a guide. Unlike a judge or an arbitrator, the mediator does not render a judgment, but instead facilitates your communication with the other individuals involved. The end result is a WIN-WIN contractual resolution of your disagreement.

To illustrate, consider an employer/employee dispute over an employee's termination. In that situation, the business owner may be more concerned with confidentiality, legal costs, and lost time away from his/her business. The employee usually is more concerned with compensation and the specific terms of the "termination." Through mediation, the parties might agree to enter into a confidentiality agreement, with the employee agreeing not to file a lawsuit and the employer agreeing to the "resignation," rather than the termination, of the employee with some form of compensation and a letter of reference. In contrast, in arbitration and litigation, someone unfamiliar with your situation controls the process and finds for a "winner" and against a "loser."

The mediation process is highly flexible and saves you time and money. Mediations can be held at your office or at a place convenient and amenable to all parties involved. You can meet outside of work hours and involve as many or as few people as you desire. Your discussions are not limited by rules of procedure or evidence, allowing you to discuss the "heart" of the contested issues immediately. You avoid incurring legal expenses for filing fees, service of process, motion and brief writing, depositions and interrogatories, and trial preparation.

Mediations can be used to solve almost any kind of disagreement, including consumer disputes, employer/employee disputes, partner/owner disputes, and family disputes. One way to take advantage of the benefits of mediation immediately is to include mediation clauses in your business contracts!

In short, MEDIATION makes BUSINESS SENSE because you:

• save money;
• protect your business' reputation;
• tailor solutions to YOUR particular situation;
• avoid miscommunications;
• choose your own schedule and meeting place; and
• avoid spending time away from your business, embroiled in protracted legal proceedings.

Robin Hoberman, attorney at law, is the founder of Solutions First Mediation Services, Inc. To learn more about how mediation can benefit you and/or your company or to schedule a presentation on mediation, call 312-386-1467 or e-mail at robin@solfirst.com.