Why Contract Mediation Makes Sense

Why Contract Mediation Makes Sense

Why Contract Mediation Makes Sense

Image courtesy of Ambro / freedigitalphotos.net

Establishing and negotiating a contract can be a tricky task, particularly when negotiations reach a stalemate and neither party wants to budge.  It might be simple wording that stalls negotiations or something much bigger such as a disagreement over salary or benefits that keeps parties from reaching an agreement.  Whatever the reason, creating a contract that makes all parties happy can be a difficult task—and that’s where a contract mediator can be extremely valuable in the process.

Contract mediation allows both parties to sit down together and discuss their positions related to the details of the contract.  In contract mediation, a neutral, third-party mediator facilitates this discussion and assists with any legal questions either party might have regarding the law as it relates to contracts and business. Contract mediation is a cost-saving and time-saving alternative to litigation or arbitration because it ensures that both parties enter the negotiations with the goal of finding a solution that is mutually beneficial.  As an added benefit, contract mediation is completely confidential, helping all parties involved to maintain their reputation and keep any disagreement out of the public eye.

The most obvious benefit of contract mediation is that the parties involved remain in complete control of the outcome of the settlement.  While the mediator facilitates the discussion and helps both parties arrive at a solution, he or she doesn’t “take sides” and assists in the negotiations only as much as the parties involved allow.  The final resolution remains in the hands of the parties in dispute and litigation is always an option if the mediation proceedings are not successful.

As contracts become increasingly more complex, with each side attempting to mitigate its risk and foresee any possible problems from the onset of the business relationship, the contract negotiation process can be time consuming and costly.  Contract mediation helps the process along, ensuring that both parties are happy with the outcome while a middle ground is reached.

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MEDIATOR OF THE MONTH: Jeffrey Grayson
Why Contract Mediation Makes Sense