Caldwell & Kearns, P.C.
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Protecting clients in the most complex legal disputes

May 2017 Archives

Using alternative dispute resolution to resolve commercial disputes, P.2

Previously, we began looking at the use of mediation to resolve commercial disputes, and some of the benefits this process may present for businesses. These benefits include cost savings, greater control over the process, and privacy. An alternative to the use of mediation is arbitration.

Using alternative dispute resolution to resolve commercial disputes, P.1

Commercial transactions, to be successful, must be properly coordinated with a clear understanding between parties of their mutual obligations and rights. When the other party’s duties aren’t fulfilled, quickly addressing the matter is important in order to avoid the financial, reputational, and existential threats to the business that can result.

What can I expect from my mediator, regardless of training, background and style?

In recent posts, we’ve mentioned a variety of factors that need to be considered when selecting a mediator to handle a dispute. These include not only the training and experience of the mediator, but also his or her background, area of specialty, perspectives, biases and unique approach to mediation. Differences in these factors can certainly make a difference in the success of the mediation process, so a careful decision should be made.

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