Business partnerships generally form with the best of intentions. Two or more people with the same values opt to work together to create a successful enterprise.
Still, whenever a situation involves more than one person, conflict will eventually arise, which may threaten the partnership. Is it possible to find a way to resolve a dispute without going to court or dissolving the partnership?
What is mediation?
A mediator is a neutral third party who helps disputing parties find a mutually beneficial resolution. The mediator doesn’t focus on who’s right or wrong or provide solutions. Instead, they are there to promote communication and understanding and guide the parties towards a mutually-beneficial agreement.
Disputes among business partners often stem from misunderstanding. During conflict, partners may stop communicating, leading to further tension. A mediator can encourage an open and honest conversation that allows all parties to speak.
Mediation also offers a private and confidential setting to resolve disputes, unlike court proceedings, which are public records. By litigating the matter in court, partners risk damaging information becoming public. The confidentiality of mediation can help protect the business’s reputation. Litigation is also often time-consuming and costly. Mediation can provide an opportunity to reach a quicker and less expensive resolution. This allows partners to focus their resources on the business rather than a legal battle.
Making a decision
One of the main differences between litigation and mediation is the potential impact that both options can have on relationships. Due to the contentiousness that often accompanies a legal battle, a business partnership could be damaged beyond repair. Mediation, by contrast, promotes mutual respect and understanding and can potentially allow a partnership to continue intact.
Mediation may not be suitable for every dispute, and there’s no guarantee that it can save a business partnership. However, it offers an alternative option to help partners resolve their conflicts and possibly reach a mutually beneficial resolution.