Mediation should be considered either before or during litigation in any claim where the parties are willing to resolve a dispute and where money, time and relationships are worth saving. It can be particularly helpful in settling claims involving:
Partnerships – Disputes between partners that threaten the ability of businesses to function.
Corporate – Issues at the Board, Management or Shareholder level of any company can derail a business and cause the loss of customers and valuable employees and other stakeholders.
Contracts – Issues regarding the enforcement, modification or termination of contracts that would otherwise require the parties to educate a court or jury about the business issues involved through formal briefs and arguments: a drawn out and expensive process.
Fee Disputes – Disputes over fees billed by lawyers, accountants or other professionals can ruin valuable client relationships and can lead to professional liability claims. Early mediation of these disputes can limit the loss of trust and prevent public disclosure of confidential matters.
Mergers & Acquisitions – Problems stemming from a potential/completed merger or acquisition can present serious issues to businesses involved given the loss of expected benefits and the normally high legal and financial costs of preparing for the transaction on both sides.
Employment – The confidential mediation of disputes regarding terminations, discrimination, non-competition agreements and compensation avoid the painful public reviews of company policies and individual performance.
Real Estate – The unique nature of property and the complexities of ownership and financing, especially in commercial real estate, can be long, drawn out (expensive) processes. With assistance from a mediator with real estate experience, parties can often find faster, less expensive and more durable solutions.
Intellectual Property – Allegations of infringement of patents, trademarks and copyright or misappropriation of trade secrets or unfair competition are among the most expensive to prosecute or defend and adverse decisions can lead to substantial damages or to the loss of valuable rights and additional claims of trade practice violations.