Bay Area Business Mediation Attorney
A business mediation attorney is a critical advocate to prevent a legal dispute from ending up in court. Many business disagreements are increasingly being resolved through alternative dispute resolution (ADR) forums like mediation. For parties who are at odds with one another, mediation may be an opportunity for them to obtain a fresh and new perspective on the dispute and avoid costly and potentially unsuccessful litigation. However, without the aid of an experienced business mediation attorney before and during the mediation, the process can result in serious negative consequences to your business.
How Does Mediation Work?
As your business mediation attorney will explain, when you choose to resolve a dispute in California through mediation, you submit your dispute to an individual called a mediator. The mediator’s function is to listen to both parties’ arguments and perspectives and then attempt to forge an agreement that both parties can accept. Mediation is different from other dispute resolution processes like arbitration, in which a neutral third party called an arbitrator listens to arguments and evidence and renders a binding decision on the parties. In this way, your business mediation attorney must be skilled at advocacy, persuasion, and negotiation.
If successful, the mediated agreement is reduced to writing and entered as an order of the court, binding the parties to the agreement. If the mediation is unsuccessful, then the parties may try other forms of dispute resolution or may choose to litigate their case before the court.
Who Can Be a Mediator in California?
In California, there are no formal requirements for a mediator to possess (except in family law matters). This means the choice of a mediator is important and should be made carefully. You will want a mediator who has handled business disputes in the past. Preferably, your mediator should have some legal training and a background in business so he or she can understand the complex nature of these disputes. If the parties cannot agree on a mediator, there are still ways by which a neutral mediator can be selected.
Why Do I Need a Business Mediation Attorney?
Although mediation is designed to lower the costs of settling a dispute, you still need an experienced business mediation attorney from JGPC at your side. The mediator may be confused or ignorant about the rights you possess, which may lead the mediator to pressure you into accepting an agreement that is not good for your business.
A knowledgeable and forceful advocate can help you select an appropriate mediator for your dispute, ensure the mediator is aware of the strengths of your case, and can advise you when to accept a mediated agreement and when litigation is the best course of action. Contact a business mediation attorney at JGPC today at 925-463-9600.