MEDIATION CAN HELP YOUR BUSINESS STAY ON TRACK

MEDIATION CLAUSES WORK

            Mediation is an important tool that an employer should use to reduce the cost and disruption of litigation.  The best way to do this is to include a mediation clause in your employment and customer contracts.

             When your contract with a customer includes a mediation clause, you have an opportunity to resolve a dispute quickly and with minimal disruption to your relationship with your customer.  For instance, a local automobile dealership in Alexandria, VA includes a mediation clause in its sales contracts with its customers.  McMurray Dispute Resolution has been effective in helping this dealer address customer complaints swiftly and successfully.  The customer walks away satisfied, the dealer’s reputation is not tarnished, and very little time is wasted in unproductive legal haggling.  Virtually every business should include this time- and money-saving clause in its contracts.

             Likewise, mediation clauses in employment contracts provide a means to address employment issues with a minimum of stress.  It is common in the workplace for small grievances to blow up quickly.  A skilled mediator can help address both the immediate issue and the root causes behind it.  Salvaging your relationship with your employee, and addressing underlying issues or practices that may have undermined it, is good for your workplace environment and good for your bottom line.  In discrimination cases, a skilled mediator can help address the anger and frustration that both parties may experience.  Handling these issues in a confidential and respectful environment, as opposed to the combative environment of the courtroom, is more likely to save your business time and money.

Chris McMurray

We usually think of mediations taking place in person, with everyone seated around a table with the mediator.  But there is another option – Telephonic Mediation – which has substantial advantages in certain types of cases.

Telephonic mediation is ideal for smaller cases where the amount at issue cannot justify the cost of traveling to a central location.  It is also helpful when emotions are running high and it is best to keep the parties (or sometimes even counsel) apart. Telephonic mediation also reduces down time, thus allowing the parties and their counsel to do other productive work at their desks when the mediator is caucusing with the other side. 

Telephonic mediations are handled in the same way as in-person mediations, with pre-mediation sessions, one or more joint session, and caucuses – but all with the advantage of staying in your office or home.  Documents are easily transferred by e-mail or fax. 

McMurray Dispute Resolution, Inc. has handled well over one hundred telephonic mediations with excellent success. Give it some thought next time you are considering mediation – it just may be the ideal solution for your case.