Embarking on the journey of dispute resolution is akin to navigating uncharted waters. Yet, the true measure of success lies not solely in the resolution day but extends far beyond, into the realm of post-dispute relationships. In this dynamic process, one crucial question emerges: “How are you going to deal with them after the dispute?” This question underscores the intricate dance of negotiation and strategy required for enduring resolutions.
The resolution of a dispute does not just occur on the day of the mediation. Each participant to mediation needs to prepare their own strategy for negotiation in the settlement. Based on my experience as a mediator, these are a collection of tasks each participant needs to complete and to discuss with their council and the mediator before the mediation. These tasks and the discussion with the mediator are confidential. They are confidential under both Attorney Client privilege and under mediation confidential provisions in court rules, statutes, and standards.
How are you going to deal with them after the dispute?
The easy answer to this question is that ‘I never want anything to do with them again.’ If the dispute is an automobile accident, then that might work as an answer. But if your opponents are commercial suppliers, customers, fellow businesses in a limited market, employees or employers, neighbors, and even family, the question becomes a lot more challenging.
I have mediated boundary line and other disputes between neighbors. It becomes a lot more difficult to resolve when both neighbors realize that they will still be living next door to each other for possibly decades. I have also mediated disputes with family-owned businesses. They had to take into account the likelihood of having to sit down for Thanksgiving dinner with each other. There were also the unintended impacts on other family relationships that were not in dispute. Commercial enterprises need to evaluate the publicity of the dispute and the possible need for an ongoing business relationship now and in the future.
Carefully list and count the costs regarding different solutions to the dispute. Might there be a better settlement that reduces future conflict? Also evaluate the costs of litigating the dispute to its conclusion on the future relationship to your opponents.
Navigating the complexities of post-dispute relationships requires foresight, strategy, and skilled mediation. As you embark on this journey, consider engaging with me, a seasoned mediator, to guide you through these uncharted waters with precision and expertise. Take proactive steps today to ensure harmonious tomorrows – reach out to me and embark on the path to lasting resolutions.
About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society. https://www.themediationsociety.org/
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