Mediation: The Sensible Means For Resolving Contract Disputes
In an effort for companies to mitigate their risk, many contracts contain arbitration clauses as the norm. This type of clause requires arbitration as a form of alternative dispute resolution if a dispute over the contract arises, and although such clauses are extremely useful in some cases and have helped many get on with business as usual after a dispute arises, they are not necessarily the best in all circumstances.
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In an effort for companies to mitigate their risk, many contracts contain arbitration clauses as the norm. This type of clause requires arbitration as a form of alternative dispute resolution if a dispute over the contract arises, and although such clauses are extremely useful in some cases and have helped many get on with business as usual after a dispute arises, they are not necessarily the best in all circumstances.
When it comes to handling workplace disputes, few tools are as effective in generating satisfactory resolution as mediation. Co-workers are able to address their issues non-confrontationally, because of its informal and voluntary nature. Whether the disputes are between supervisors and subordinates or co-workers at the same level, mediation is appropriate for all employees, whatever position they may have. It also works well for issues that occur in union and non-union settings.
Compared to the tense nature of litigation, mediation offers a valuable tool for alternative methods of dispute resolution. Mediation involves the two disputing parties getting together and discussing the issues at hand with a trained mediator guiding them through the process. There are numerous benefits to working through mediation, and many disputing parties are able to end with satisfactory outcomes.
Avoid The Lengthy Litigation Mediation is much more flexible than a traditional lawsuit proceeding. Since many courts are backlogged, forcing more immediate criminal issues into the schedule ahead of civil matters; it can take weeks or even months for an initial hearing in a civil case. Mediation, however, can be scheduled with much more ease, since the meeting will require setting up an agreeable time with the other party and a mediator. |