Mediation And Business Partnership Disputes

The day-to-day operations of a business can turn even the best partnerships into a complicated web of miscommunication. This is especially true if the partners failed to establish clear ground rules for operations and management before they began the business enterprise--whether from a lack of knowledge or too much trust in each other (a common occurrence when friends or siblings open a business together).

When a partnership starts to turn sour, small disputes can quickly escalate into enormous ones that threaten the stability and future of the business itself. Such disputes can also swiftly dissipate friendships and partnerships that had otherwise seemed stable, if allowed to fester and continue without resolution. That's where mediation as a form of alternative dispute resolution for business partnership disputes can be extremely helpful.

In mediation for business partnership disputes, the help of a neutral, third-party mediator can be an enormous benefit for partners seeking legal expertise without the cost and consequences of litigation. In a mediation proceeding, each partner will be able to state his or her position in the dispute in an atmosphere that encourages open communication and useful dialogue. While listening to all "sides" of the issue(s), a mediator can then use his or her expertise in mediating similar matters of business to guide the parties' understanding of how a judge might rule in the case if it were litigated vs. the benefit of the parties exerting self-determination in settling the dispute(s). Often, this knowledge is enough to help the parties get back on track and find a way to settle the dispute amicably on their own--without a judge taking over and making the decision for them.

Mediating business partnership disputes has several benefits over litigation:

1.) It saves money--the cost of litigation and the price of hiring lawyers can be overwhelming in many circumstances.

2.) It saves time--mediation can be over within a matter of days, whereas litigation can be drawn out for months, or even years.

3.) It is confidential--litigating a case makes it a public record; mediation, on the other hand, is confidential and private, helping businesses and business partners maintain a solid reputation.

4.) It puts the power in the hands of the parties in dispute--in litigation, a judge or judge and jury will make a decision that affects the business partners' lives and finances indefinitely; in mediation, that control remains in the hands of the business partners, themselves.

5.) It helps maintain a more positive attitude and sense of respect between partners--once the dispute is resolved, the partners frequently need to continue to work together. Mediation helps maintain the mutual respect they will need to do this successfully.

If you are in the middle of a business or real property dispute, personal injury dispute, professional liability dispute or family law dispute, consider if mediation is right for you.

Dr. Richard Polisner and Elliot Fixler, Esq. are FL Supreme Court Certified Civil and Family mediators. Call 904-256-9220 or visit http://www.settleflorida.com/ to achieve successful resolutions without the sacrifice of time, effort, expense and possible publicity associated with litigation of claims in court.