Is it better to mediate or litigate business disputes?

On Behalf of | May 1, 2018 | Blog

As a Pittsburgh area entrepreneur, you probably have yet to learn that disputes and disagreements happen all the time. It is important for you to learn proper methods of resolution to mitigate the need for litigation. In some business disagreements, it is possible to resolve them without racking up the legal expenses. Quick dispute resolutions are not ideal, although they can and do happen. Most business disagreements take a fair amount of time to settle. 

The courtroom is not always the best place to stop business disputes. Litigation is not always cost-effective, and it also can take some time to finalize. Many people do not have time to go back and forth to court instead of taking care of their other obligations. Take some time to consider the following pointers about mediating business disputes: 

Mediation is often more beneficial 

Mediation is a popular way for business owners to end their disagreements with contracted parties. All involved parties meet with a neutral third party (mediator) and share their concerns about what they perceive the issue(s) to be. It may even be necessary for each party to meet individually with the mediator. The role of the third party is to help everyone develop a good understanding of the situation and consider possible solutions they might not have thought of. The mediator does not choose sides; her or his role is to facilitate resolution by helping all parties find common ground. 

Sometimes, litigation is unavoidable 

It is highly recommended for you and any party you are in dispute with to get together to determine how to work things out. It may require several meetings with them and a mediator before a reasonable solution is reached. If you or the other party becomes uncooperative or unresponsive on the matter, it might be better for you to take your chances in court. 

There is no doubt that mediation is more convenient and affordable, and there are circumstances in which litigation is more productive. A careful review of contracts is necessary by all parties to determine the appropriate path for business disputes.

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