We have all been a part of those major projects that rely on several contracts to ensure completion, but the project has gone awry because either the contract was not negotiated properly in the first instance, its terms were misunderstood part way through the project, or the agreed upon contract was missing some key considerations.
So, what are your options once you're in so deep in?
Mediation as a form of alternative dispute resolution is the better option for businesses to ensure that they resolve their matter speedily, outside of court and in a manner that brings about cost-effective and time-efficient results!
Mediation in Business considers both parties' intersts, needs, concerns and scope for future works. Mediation brings the parties together around a Board Room table in a non-adversarial way with the option of inviting their respective legal counsel and other representatives to the table, ensuring that all persons relevant to the conversation are heard, and the heart of the matters to be discussed are realised for the purpose of seeking a resolution.
Of course, resolution as an outcome to Mediation is always up to the parties.
However, resolution is more likely if both parteis feel heard, if both parties have identified their concerns clearly, and the heart of the matters that are presented are articulated and both parties are focused on outcomes rather than getting bogged down in the details.
There may be several parties to consider in the process of mediation and there may be several conflicting agendas or opinions that may arise.
Not all concerns which are raised in Mediation will necessarily be resolved or settled during the process of Mediation.
However, as long as all parties concerned remain focused on seeking a resolution first and foremost, if they are willing to compromise or, at least, meet the other party part-way, reasonable outcomes are often more realistic.
Ultimately, the outcome of any Mediation session is up to the parties involved.
The Mediators role is to facilitate this as best as they can, while identifying, drawing out and emphasising the main concerns which may lead to a resolution.
Book in Andrea Consults for Mediation services for your business needs today!
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