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The many wonders of successful mediation

Mediation of Texas business disputes is often a successful method used to avoid expensive and time-consuming litigation. It can be used as a tool in both small and large commercial disagreements, as well as in noncommercial settings, such as a divorce and landlord-tenant disputes.

Recently, as reported in USA Today, a Judge ordered the valuable resource of mediation in an uncommon move in the contentious legal battle over the sale of Transperfect, a translation company. In this business dispute, one party seeks the sale of the business while the other objects to selling. The Transperfect case is not only highly antagonistic between the two owners, but has caused many additional lawsuits. It is potentially causing damage to business value, the employees and the clients of the company. Those factors may be why the judge decided to require the parties attempt meaningful mediation, which is otherwise typically voluntary. Whether mediation may be successful may depend to some degree on the extent the parties financially need the savings that can be had by mediation.

The private nature of mediation is a valuable characteristic for businesses, particularly when seeking to protect business value and well being of workforce and customers. The mediator is an objective and independent professional with significant knowledge of the field relating to the litigants’ disagreement.

While the goal is to come to a jointly acceptable solution, the process of mediation does require substantial good faith efforts by all parties involved. They must communicate their viewpoints and be willing to consider various options and compromises for resolution.

The economy of mediation and the speed at which it can take place when compared to continuing litigation in court can be immense. Mediation has the added ability to provide the disputing parties and any peripherally affected individuals and entities much relief from the stresses of the court battle.

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