Mediation should be considered either before or during litigation in any claim where the parties are willing to resolve a dispute and where money, time and relationships are worth saving. It can be particularly helpful in settling claims involving:
Partnerships – Disputes between partners that threaten the ability of businesses to function and waste hard-earned profits.
Corporate – Problems at the Board of Director, Management or Shareholder level of any company can deprive a business of direction and momentum and cause the loss of customers and the departure of valuable employees.
Contracts – Issues regarding the enforcement, modification or termination of contracts that would otherwise require the parties to educate a court or jury about the business issues involved through formal briefs and arguments which make the learning curve difficult and expensive.
Fee Disputes – Disputes over fees billed by lawyers, accountants or other professionals can ruin valuable client relationships and can lead to professional liability claims. Early mediation of these disputes can limit the loss of trust and prevent embarrassing public disclosure of confidential matters.
Mergers & Acquisitions – Problems stemming from a contemplated or completed merger or acquisition are especially troublesome for the businesses involved given the loss of expected benefits and the normally high legal and financial costs of preparing for the transaction on both sides. The often complex nature of such transactions and the adverse impact upon the parties from prolonged litigation make mediation of such disputes with a business savvy mediator highly attractive.
Employment, Non-competition – The confidential mediation of disputes regarding terminations, employment discrimination, non-competition agreements and compensation avoid the painful public reviews of company policies and individual performance
Real Estate – The unique nature of property and the complexities of ownership and financing, especially in commercial real estate, are particularly ill-suited for handling by the judicial process. With assistance from a mediator with real estate experience, parties can often find faster, less expensive and more durable solutions.
Probate, Estate Settlement – The division of assets often involves questions of valuation of business interests, real estate, financial investments or the settlement of claims where an experienced business mediator can be a real help.
Intellectual Property – Allegations of infringement of patents, trademarks and copyright or misappropriation of trade secrets or unfair competition are among the most expensive to prosecute or defend and adverse decisions can lead to substantial damages or to the loss of valuable rights and additional claims of trade practice violations
Financial – Issues regarding investments, lending, insurance coverage or claims adjustment are more efficiently resolved by mediated settlement than by trying to educate a judge or a jury about sophisticated financial matters