Maryland Business Mediation Lawyer

Conflicts are a fact of life in the business world. Parties may disagree over their role within a partnership, accuse another party of breaching a contract, or even attempt to enforce the terms of a non-compete agreement.

In these examples, every party has the ability and right to ask a court to determine the outcome of the case. However, the parties may also pursue a mediated resolution to the dispute, potentially saving both time and money. Mediation could help parties find common ground and resolve their differences without costly litigation. A Maryland business mediation lawyer could help represent the interests of parties in mediation sessions or even help get the parties to agree to the mediation process in the first place.

Why Might Mediation Be an Effective Solution

Litigation has a reputation as being costly and contentious and this reputation is well earned. It is not uncommon for a civil litigation to take upwards of two years to resolve. As a result, bringing a case to court should generally be a party’s last resort.

In any civil litigation scenario, both parties to a dispute retain the right to settle out of court. However, they may not be able to agree on key issues or suffer from personal animosity that might make good faith discussions difficult. Mediation could serve as a way to shorten a dispute and help parties to hold settlement talks in a more productive environment. A local business conflict mediation attorney could provide more information about the advantages of alternative dispute mediation methods.

What Happens in a Mediation Session?

While every mediation session is unique, there are common threads that run through every session. The mediation process will be overseen by a mediator. This person is usually someone with legal training, often a retired judge, who has instruction on how to conduct negotiations. This person would be neutral, not representing either party.

According to the Maryland Rules, Rule 17-105, every communication during a mediation session is confidential. This means that a mediator cannot reveal what a party says to the other litigant, but communications also cannot be used as evidence if a case still progresses to a trial and is not resolved at mediaton. This incentivizes both parties to be honest with the mediator to help reach a resolution.

The ultimate goal of a mediation session is to reach a settlement without taking the case to trial. The mediator helps in this by listening to what each side has to say, identifying where they are flexible, and acknowledging where they cannot compromise. They could then combine this information from both sides to find common ground and help parties to negotiate an end to their business dispute.

Let a Maryland Business Mediation Lawyer Take the Lead

Mediation is a popular form of alternative dispute resolution. Successful mediation could help opposing parties better understand each other’s positions, find common ground, and bring their disputes to a negotiated end, potentially shortening the case and saving money.

A Maryland business mediation lawyer may be able to help you avoid trial and get a speedy resolution to your case. Contact a dedicated mediation team today to learn more.