Commercial mediation is a highly effective means of resolving disputes in the business world, offering a process where a neutral third-party mediator helps the parties reach a mutually beneficial resolution. Not only does mediation save time and money compared to traditional court systems, but it also offers different styles of mediation to suit various needs.
Facilitative Mediation is a popular style of commercial mediation. The mediator serves as a facilitator, guiding parties toward a mutually beneficial resolution by fostering effective communication and encouraging both sides to find a solution that works for everyone. This style is ideal when the parties desire to maintain a good relationship after the dispute has been resolved.
Evaluative Mediation is another style of commercial mediation, wherein the mediator assesses the strengths and weaknesses of each party’s position and offers an opinion on what the outcome might be if the case went to court. This style is useful when parties want to gauge what a judge or jury might decide.
Transformative Mediation focuses on improving the relationship between parties. The mediator works with parties to understand each other’s perspectives, find common ground, and achieve a positive outcome that strengthens their relationship. This style is ideal when parties want to maintain a good relationship after resolving the dispute.
Narrative Mediation is a style that centers around the stories the parties tell about their dispute. The mediator helps the parties understand how their stories contributed to the dispute and encourages them to create new, more positive narratives about the future. This style is useful when parties want to shift the way they think about the dispute and move forward positively.
In conclusion, when it comes to commercial mediation, it’s crucial to understand the different styles available to select the best one for your needs. A good mediator like myself will use all of these styles as needed by the parties and the dispute:
- Facilitative mediation is ideal for maintaining good relationships;
- Evaluative mediation is useful for getting an idea of a court’s decision;
- Transformative mediation is perfect for improving relationships and;
- Narrative mediation is effective for shifting mindsets.
Thereby the parties can achieve the best possible outcome for their dispute.
To contact me to help negotiate a resolution to your commercial dispute see my website. Here.
About the Author: As a professional Mediator and Arbitrator since 2004 Ken Strongman has years of experience and has successfully resolved disputes in the fields of Business/Commercial, Securities, Estates/Probate/Trusts, Real Estate, Intellectual Property, Construction Defects, Construction Contracts, Employment, and Environment. He is also a Mediator and Arbitrator for FINRA.
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