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Is mediation right for business and employment disputes?

Mediation is an increasingly popular method of resolving disputes in the workplace. Mediation involves a neutral third party who helps parties to negotiate and reach a mutually acceptable agreement. This process can be particularly effective for business and employee-employer disputes, as it is often quicker, less expensive, and less stressful than litigation.

One of the main benefits of mediation for business and employee-employer disputes is that it is often faster than litigation. According to the American Bar Association, the average time for a case to go to trial in the United States is 18 months. In contrast, mediation can often be completed in a matter of weeks or months. This can be especially important for business disputes, where time is often of the essence.

Another benefit of mediation is that it is often less expensive than litigation. Litigation can involve high costs for legal fees, court fees, and other expenses. Mediation, on the other hand, is often less expensive because it is a less formal process and does not require as much preparation time. This can be particularly important for small businesses or individuals who may not have the resources to engage in lengthy and expensive litigation.

Finally, mediation can be less stressful than litigation. Litigation can be a confrontational and adversarial process, which can be emotionally draining for all parties involved. In contrast, mediation is a collaborative process that focuses on finding common ground and reaching a mutually acceptable agreement. This can be particularly important for employee-employer disputes, where maintaining a positive relationship between parties is often critical for future success.

In conclusion, mediation can be an effective method for resolving business and employee-employer disputes. Compared to litigation, mediation is often faster, less expensive, and less stressful. As such, it is important for businesses and individuals to consider mediation as a viable option for resolving disputes.

References:

American Bar Association. (2017). Dispute resolution processes: ADR and litigation. Retrieved from https://www.americanbar.org/groups/dispute_resolution/resources/dispute_resolution_processes/

Doherty, N. (2017). Mediation vs litigation: Which is better for business disputes? Retrieved from https://www.mediate.com/articles/doherty-business-mediation.cfm

Smith, R. (2016). Advantages and disadvantages of mediation in resolving disputes. Retrieved from https://www.legalmatch.com/law-library/article/advantages-and-disadvantages-of-mediation-in-resolving-disputes.html