Small Business & Mediation
You are a small business and ….
Your business is affected by noise or parking or other problems with a neighbouring business. Your attempts to discuss it with your neighbour lead to each of you shouting each other down about who is to blame and each of you stomp off in frustration. You may feel that pursuing your legal rights may be too costly and that your options are limited to calling in the law or living with the situation. The law may not exactly address your situation or resolve it in the way that you would like. But you don’t want to continue to live with the situation as it is.
Generally…
Small to medium enterprises [SME’s] are just as likely as major corporations to encounter disputes and conflict with neighbouring businesses, employees, customers, supplier’s, partner’s etc. But SME’s are far less likely to have the internal and financial resources to help them deal with these conflicts.
It may be overwhelming for an SME to come up with the time, money, expertise and energy to manage even a relatively minor dispute through legal means. There is also the risk that unless the situation is resolved amicably, the hostility created through a legal battle could affect a SME owner's quality of life. Running into the other side regularly can keep the wounds open for a long time.
The Mediation Alternative
Mediation offers another way to resolve conflict; one that can help parties come to a mutual understanding and find resolutions that meet both of your needs and interests. In mediation parties by agreement appoint a neutral third person, the mediator, who meets in a neutral safe place with parties who are having the dispute to help them try to work it out together. Because you and the other party make the agreement together, you are both more likely to keep to it. And the process of working things out in mediation is an experience you can both draw on in the future.
Costs of Mediation
Mediation is usually much less expensive than the legal/court alternative. Private mediators offer a range of charges. Generally the costs are shared equally between the parties instead of paying a lawyer on your own. Mediation generally works more quickly and the mediation meeting may only last a few hours, compared to the many hours a lawyer would spend preparing your case and representing you in a court.
The Results of Mediation
The vast majority of mediated disputes result in a negotiated settlement. If your mediation is successful, you will usually leave with a signed document setting out what you and the other party have agreed to. This document can, by choice, be taken to solicitors and made into a legally binding agreement.
If you don’t reach a resolution in mediation, you haven’t lost anything. You have probably learned a lot about how the other person sees the problem and you still have the option of taking legal action if that’s what you feel you really need to do.
Mediation is an efficient, effective way to resolve disputes by mutual consent. Aids in strengthening ties among small business people, their customers and neighbours'. If you have a dispute, we encourage you to give it a try, contact Alethia Mediation & Consulting Services.
