What is the Business Law Mediator's Role?

Have you ever been in dispute with another business partner or customer and felt that the issue was not resolved to your satisfaction? If so, working with a business law mediator can be essential. It is crucial to understand the role of a mediator before delving into the business law mediation process.

Providing an Unbiased and Fair Support

The primary aim of mediation is to help the parties reach an acceptable agreement for both sides. A business law mediator does not take sides in the dispute. Instead, they act as a third party who remains neutral to allow for discussions, negotiations, and problem-solving strategies between parties. The mediator should refrain from making decisions for the parties or telling them what to do.

Your mediator will help you communicate with the other party and explore possible solutions to your dispute. They will also help you understand the other party's position better.

Facilitating the Negotiations

The business law mediator's role is to help move the conversation forward by facilitating negotiation between the parties. A mediator should create an environment where you identify your interests, explore options, and reach a mutual agreement.

The mediator typically meets with both parties separately to understand their positions. They then facilitate a discussion to help you resolve the issue at hand. The mediation process is confidential; therefore, any arguments made during a mediation session cannot be presented later in court.

The mediator will first ensure you understand the mediation process's format and guidelines. When disagreements arise, they will use various strategies to encourage you to continue the discussions by focusing on your shared goals.

If you resolve the issue, the mediator will prepare a written agreement that sets forth the terms of the settlement. The mediation may be terminated if an agreement is unable to be reached. In the event of mediation termination, you'll be able to pursue other options like arbitration or litigation. 

Empowering the Parties to Arrive at a Satisfying Resolution

Business law mediators aim to provide parties with the means to create collaborative remedies. Mediators can enable you to come up with a solution by asking questions, restating apprehension from another perspective, offering potential remedies that might not have crossed your mind, and recognizing when it's necessary to take a timeout.

Ultimately, mediators understand that the best solution should come from the participants and recognize that their responsibility is to assist them in understanding how or if they can come to an amicable conclusion to the dispute.

The mediator will help you brainstorm possible solutions and consider each option's pros and cons. They can also provide impartial advice and feedback but not make any decisions for you. It is up to you to decide whether or not you can reach an agreement.

Contact an Ennis Business Law Mediation Attorney Today for Help

If you are interested in exploring business law mediation as an option for resolving your dispute, the Ennis business law mediation attorneys at Foster Massengill, PLLC, can offer the assistance you need. Contact us today to discover more about how we help resolve business disputes in Texas.