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Resolving business disputes through mediation

In the end, what any business in Irvine, California is concerned with is their bottom line. Even though running a business necessitates spending a certain amount of money, most business owners want to ensure that they spend wisely so that their business is profitable. Therefore, when business litigation issues arise, some business owners may seek an alternative way to resolve their dispute without having to go through the time and expense of going to court.

For example, a business owner may decide when facing a business dispute to try to resolve the situation through mediation. Through mediation, a neutral third party will facilitate discussions between the parties as the parties work to negotiate a resolution to their dispute. Mediators do not make decisions; it is the parties that will ultimately control the outcome of the mediation process. In addition, the parties can still retain their own attorney to assist them in mediation proceedings.

Mediation can be especially beneficial for those facing international business disputes, as it means the parties do not have to go through litigation in multiple countries with different laws. In addition, mediation allows each party to retain some control over the outcome of their case. This can be especially helpful, since corporate officers are much more familiar with their business's needs than a judge would be.

Mediation also allows parties to come up with creative resolutions to their disputes. This can be especially useful in intellectual property disputes. Moreover, since the parties can choose a mediator, they can choose someone familiar with the area of law that covers their dispute, avoiding the need to provide the mediator with the information needed to understand the laws surrounding the dispute.

Even if mediation does not resolve all issues in a business dispute, it can at least help narrow the issues being litigated and it can keep the door open for trying to resolve future disputes. In the end, through mediation each party can work toward the mutual goal of resolving their dispute in a manner that saves time, money and allows each side to feel they benefited from the resolution reached.

Source: Daily Business Review, "Mediation as an Alternative to Litigating Intellectual Property Disputes," David Friedland, Aug. 31, 2017

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