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Tips to promote successful business mediations

| Oct 30, 2020 | Mediation and Arbitration, ADR |

Business operations in the United States and countries across the globe may look different now and well into the distant future. Thus, it is important that companies in New Jersey and elsewhere understand how these changes could impact the way business issues and disputes are resolved. Domestic and international travel is currently not the best option, as it could pose additional risks businesses likely cannot take on right now. Thus, alternative dispute resolutions, such as business mediation, may be the most beneficial and cost-effective way to work through any business issues, conflicts or disputes.

Mediation process

Whether it is an internal conflict at a business or a business issue that needs to be resolved with another company, it is important to understand the role of the mediation process. In simple terms, this process utilizes a neutral party known as a mediator. This neutral party will facilitate the conversation between the parties, aiding them in their effort to reach a workable resolution. A mediator can help the process move along; however, they can also help distinguish when this process is not going to successful for the parties, especially when an impasse is met.

Three tips to focus on

While there is no perfect or correct way to move forward with the business mediation process, there are some tips to help promote a more positive experience. To begin, mediation should be conducted in a safe environment. In other words, each party should be able to feel comfortable discussing the issues at hand. Whether it is in person, in separate locations, through video or on the phone, the environment should be appropriate for everyone involved.

Next, the parties involved should feel heard. This means that each party should have the time to be listened to and have their viewpoints considered. This essentially means that there needs to be communication, meaning dialogue and listening, by both sides. Finally, the parties should move away from positions and focus on needs. In other words, explain the mater further. A position is like the tip of the iceberg, while the needs of the party is everything below the surface.

When moving forward with the mediation process, businesses not only need to understand the process but also their goals for using this form of ADR. This can help move the process forward and promote a resolution, which is the ultimate goal of the parties involved.