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Prepare for mediation if your company is sued

On Behalf of | Jul 6, 2020 | Business and Commercial Litigation

Some people assume that they will automatically have to go through a trial if their company is sued. This isn’t usually the case because many lawsuits are handled via alternative dispute resolution methods. One of these options is mediation, which is often preferable because it gives each side a say in the outcome of the matter.

If you’re considering mediation to resolve a claim against your company, you should prepare for these sessions. It’s possible that the matter will be handled in one meeting, but it often requires more to get everything settled.

You must go into these meetings ready to negotiate. You can’t use the same tactics during these meetings as you’d use in a trial. Instead, you should remember that mediation is only effective if both parties agree to the outcome. You can’t force your choices on the other party. If you can’t come to a mutually agreeable solution, the matter will likely have to go to trial.

Before you go into the first session, examine the issues that must be solved. Go through them one at a time so you can think about how you will address each one. You also need to consider the possible resolutions to determine what you’re willing to accept. This also gives you a place to start with the negotiations because you can’t go in demanding the only resolution you’re willing to accept.

The process should be respectful and honest. Understanding what might happen and making sure that the people who attend the sessions have the authority to make the necessary decisions to resolve the matter are beneficial. Your company and the other party must be willing to compromise, but don’t forget that you also have to protect your business.