| Business owners have four options to
| |
| | If they are able to reach a mutually
|
| resolve disputes with partners, vendors
| |
| | acceptable agreement with the mediator's
|
| or customers. Each option is based on
| |
| | assistance, that's great. Otherwise, they
|
| different assumptions, and entails a
| |
| | can still use the remaining two options.
|
| different cost. Therefore, it pays to
| |
| | And in that case, whatever they have said
|
| understand them better.Option #1 - Direct
| |
| | or heard, offered or counter-offered
|
| negotiationDirect negotiation is
| |
| | during mediation, doesn't matter.Option
|
| certainly the cheapest - but not
| |
| | #3 - ArbitrationThe business dispute is
|
| necessarily the easiest - way to resolve
| |
| | submitted to a neutral arbitrator, who
|
| a conflict. A good place to start, is to
| |
| | examines the evidence, listens to the
|
| get clear about what one wants, why, and
| |
| | parties and renders a binding decision.
|
| how much one cares for the future
| |
| | The conflicting parties must accept the
|
| relationship with the other person. The
| |
| | arbitrator's decision, no matter whether
|
| next step, is finding out how the
| |
| | they like it or not. Arbitration is
|
| situation looks from the other person's
| |
| | past-oriented, and requires a certain
|
| perspective. This task requires effective
| |
| | amount of fact-finding. Therefore,
|
| questioning, listening, and observing.
| |
| | generally it takes more time (and money)
|
| The final negotiation step, is crafting
| |
| | than mediation, but less than
|
| an agreement that both parties believe to
| |
| | litigation.Option #4 - LitigationThe
|
| be better than all other alternatives.To
| |
| | fourth option is to let the judge decide
|
| negotiate successfully one needs some
| |
| | which party is right or wrong, based on
|
| planning, communication and negotiation
| |
| | the facts and the law. In actuality,
|
| skills. Without them, it is easy to end
| |
| | though, the vast majority of civil cases
|
| up with no deal, or a bad deal, or even a
| |
| | never get that far (some statistics say
|
| personal war.Option #2 - MediationThe
| |
| | up to 90%). They settle out of court. A
|
| goal of mediation is not to find who is
| |
| | few days - or even hours - before the
|
| right or wrong, but how the problem at
| |
| | trial, the two conflicting parties,
|
| hand can best be resolved. Mediation is a
| |
| | assisted by their respective attorneys,
|
| process in which parties who disagree
| |
| | prefer to negotiate their own agreement,
|
| meet with a neutral third-party, who
| |
| | rather than running the risk of losing in
|
| facilitates their negotiations. The
| |
| | court.For business owners - as well as
|
| mediator doesn't have any decision-making
| |
| | for anyone else - litigation has two
|
| authority. The parties decide how to
| |
| | major drawbacks. First, it inevitably has
|
| resolve their problem, in a way that is
| |
| | a detrimental effect on the future
|
| mutually acceptable.Since mediation is
| |
| | relationship between the parties. Second,
|
| confidential, mediation discussions and
| |
| | it can be quite expensive in terms of
|
| materials are not admissible in court. In
| |
| | time, money and stress. Nonetheless, when
|
| a sense, when people mediate they have
| |
| | a business dispute cannot be resolved any
|
| everything to gain and nothing to lose.
| |
| | other way, litigation is a valid option.
|
