Although when you are in the midst of a contract dispute you never want to rush mediation efforts in manner that might harm your position, you do want to make sure that the process does not drag on. Mediation that takes a lot of time can cost you a lot more money, engender delays, and interrupt your ability to conduct business.
One major cause of delays in the mediation process is associated with discovery. The big question concerning discovery is do you require full-blown and complete discovery in every situation that involves mediation? Many would contend that you do not, and that there are ways to get enough information prior to trying to reach the middle ground in a dispute.
The Right Attitude
When you are involved in the mediation process the point is to find some sort of key points on which both parties can agree. Often each party gives something up in order to reach a settlement that both find to be equitable overall. Of course, mediation, which can occur after court papers have been filed, prior to the formal filing of a claim, and even during a civil trial or after a lawsuit has been settled and the case is being appealed, is not binding. Either party may reject the mediator’s suggestions regarding a settlement.
Read: Contract Types and Contract Arbitration and Mediation
Thus, it becomes important to enter into the mediation process with the right attitude, which involves being cooperative in trying to settle the dispute without greatly compromising your positioned and desired outcome.
What Can Be Done
There are a few ways in which one can expedite the discovery process, which can be a major factor in reaching an agreement that is workable for all parties. These include seeing if both parties will provide needed information on a voluntary basis. Withholding information slows down the process and creates distrust. It can also frustrate partiers and push them towards costly litigation, during which no information may be withheld.
Disclosing information becomes easier if the two parties sign a confidentiality or no disclosure agreement. Often parties are not willing to share information because they believe it may be used by the other party in a manner that will benefit the other’s organization or business. Having an agreement that clearly states that anything that is revealed in the mediation process will be held in the strictest confidence can help to open up information pathways, allowing for a mediated agreement.
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Finally, checking to see if information is publicly available may help to push the process forward, and offering information, such as financial data, in summary form may be speedier and may give the parties and the mediator enough information to settle the dispute.
Call Miami Business Contract Attorney Today
If you are in the midst of a developing dispute, contact The Campbell Law Group. We will work with you and your adversary to settle your disagreement as quickly as possible and in a manner that will be help get you the outcome that you desire. We’ll attempt to facilitate, if appropriate, a mediation process that allows for the free flow of important information that may be used by both parties to come to an equitable agreement. Of course, Our Miami Business Contract Attorneys will always act with your best interest in mind.