Is commercial mediation different from civil mediation?
Saturday, January, 15, 2011
Many companies often find themselves in dispute over contracts, product transactions, even the land they would like or have developed on. Because there is usually more at stake when in a commercial mediation dispute rather than a civil issue, a more dedicated and detail oriented mediation procedure must be used. Like any mediation proceeding, there is preparation that both parties would need to do before entering mediation. Each party must prepare any and all information pertaining to the dispute including but not limited to documented contracts and/or written agreements, receipts, invoices and/or loss statements. It is usually also required that each party prepare at least one suggestion of acceptable solutions. The mediator handling the commercial mediation will analyze and compare all documentation presented as well as the arguments presented, in order to reach a suitable agreement. Each party involved will have the opportunity to voice their side of the situation and provide documentation to serve as proof. Resolutions in commercial mediation cases are usually not reached on the first shot. However, the mediator will usually consult several times with both parties until an acceptable commercial meditation agreement is reached. Commercial mediation cases take important steps to ensure every detail of the issue is fully and fairly resolved. The only way to find out if mediation is the necessary solution is to be patient and give it a try. It could be the best decision that you’ve ever made.