Sometimes, business entities reach a conflict which cannot be resolved without the help of an outside party. However, that does not mean litigation is always the best or most appropriate course of action to take. Legal battles can be costly, inconvenient, and time-consuming, and in some cases, can even stir up negative feelings and bitter arguments which are disruptive to smooth and efficient professional relationships. In some instances where litigation is inappropriate, mediation may be a more suitable alternative to solving the problem.
If your New Jersey business is trapped in a dispute, an experienced mediator may be able to help you move forward. To arrange for a confidential legal consultation with an R 1:40 Court Qualified Mediator, call The Jayson Law Group LLC today at (908) 258-0621.
Business Mediation with The Jayson Law Group LLC
Attorney Loren S. Schragger-Paeglis, Esq., of The Jayson Law Group LLC is a R. 1:40 Court Qualified Mediator who works with New Jersey companies and business owners to facilitate Court Ordered Mediation. She is also available by request, and is dedicated to helping conflicting parties resolve their legal differences as rapidly, effectively, and conveniently as possible.
Ms. Schragger-Paeglis has completed over 23 hours of Civil Mediation Training, and is an active member of the New Jersey State Bar Association’s Dispute Resolution Section as well as The Justice Marie L. Garibaldi American Inn of Court for ADR. As a mediator, she handles a wide variety of legal disputes, including but not limited to:
- Civil Matters
- Commerce
- Construction
- Consumer Fraud
- Contract Disputes
- E-Discovery
- Product Liability
- Professional Malpractice
Why Choose Mediation Over Litigation?
There are many good reasons to consider trying mediation instead of automatically resorting to litigation as a means of dispute resolution. What are some of the advantages?
To begin with, mediation offers a far greater degree of personal control. In litigation, opposing attorneys each present their client’s side of the argument, and the ultimate decision is left to the discretion of the judge presiding over the case. The decision may be favorable to one litigant, but have a negative impact on the other. By contrast, participants in mediation strive to work together to come to their own, mutually agreeable conclusion.
In turn, the role of the mediator is not the same as the role of a judge. The mediator does not make a ruling or influence the final outcome of the case. Instead, the mediator is there to act as a neutral and unbiased guide, and to help the participating parties arrive at their own decision about what should be done to resolve the matter to the satisfaction of each side.
Not only does mediation afford its participants a far greater degree of influence on the ultimate outcome, it also tends to be the easier process from a practical standpoint. Generally speaking, mediation is far more cost effective than litigation, and also takes less time. That means your business can resume its normal operations that much sooner.
How Does Business Mediation Work?
No two mediation cases are identical, but in general, the process begins with a joint session in which the opposing parties meet with the mediator to discuss the issue they would like to resolve. From there, each party goes into its own physical space, with the mediator alternating between each to hear about the problems in greater detail. This physical separation is referred to as a private caucus.
You can feel confident that the process is completely confidential, meaning nothing which you talk about during your session will be repeated without your permission. For many people, this is preferable to appearing in court and having everything they say recorded. From a practical standpoint, this confidentiality is meant to help each party feel more comfortable airing out their issues, so that an effective solution can be reached. Furthermore, if litigation does become necessary in the future, matters discussed during mediation cannot be referenced.
When the process concludes, the mediator will prepare something called the Term Sheet, or Memorandum of Understanding. This document covers what each party agrees to do going forward.
In terms of how long the process takes, the duration can vary depending on variables like how many parties are involved and how severe the disagreement is. Relatively simple matters may be resolved in as little as a day, while more complex issues can take several days or weeks.
On a final note, it is important to point out that mediation is not the same as arbitration, which is a completely different process. Arbitration is more similar to litigation in that it involves an argument based on presentation of evidence, and ends with a binding decision made by the arbitrator.
If your New Jersey business needs help settling a dispute, call The Jayson Law Group LLC at (908) 258-0621 to arrange for a private consultation. You can also contact us online.
