Q: I’ve found some satisfaction in suing a commercial partner who has severely disappointed us, as I believe we are in the right. However, the judge is now mandating that we meet for mediation regarding the dispute. I really cannot bear to see them again. Am I allowed to send our attorneys in my place to reach the outcome we desire?

A: Generally, you will need to participate in mediation due to the judge’s order. If you refuse to mediate without valid reasons, you may face potential costs sanctions.

Even if you find it difficult to face the other party, there can be significant advantages to proceeding with mediation. One notable benefit is that mediation allows business individuals to be in control of the process, stepping away from the complexities of litigation and returning to an environment they are familiar with—assessing commercial risks and negotiating deals. Practical experience shows that mediation often functions effectively for dispute resolution.

Understanding Mediation

For those unfamiliar, mediation is a process where a neutral third party, known as the mediator, facilitates negotiations between the conflicting parties to help them reach an agreement and resolve their dispute. If this sounds reminiscent of diplomatic negotiations, that’s an accurate comparison.

Is Mediation Just More Legal Hassle?

Do you truly have to go through mediation, or is it simply an added burden imposed by lawyers?

Courts can require mediation even if one party is reluctant. While it may seem counterintuitive to compel disputing parties to negotiate, recent judicial trends indicate a strong belief in mediation as an effective solution, especially for complex commercial disputes.

Mediation tends to yield a high success rate across various commercial disagreements, as it creates a space for open dialogue between parties.

Having a neutral mediator helps manage the intense emotions that often surface in commercial disputes while redirecting attention from legal details to the essential commercial aspects.

This emotional factor, while understandable, can obstruct the resolution process. A mediator’s impartiality encourages parties to reassess their positions and the associated commercial risks, fostering a conducive environment for achieving a settlement.

The Consequences of Not Mediation

If you choose not to mediate, be prepared for possible cost sanctions. You don’t need to dedicate your entire life to mediation, but you must actively engage in the process and genuinely make an effort to resolve your dispute.

Still Doubtful?

It’s entirely normal to be skeptical about mediation, as many have felt the same way in the past. It can appear to be just another formality in the process. Nevertheless, most dispute resolution experts acknowledge that mediation has a proven history of successfully moving opposing parties toward resolution by compelling them to confront the risks and envision what an appropriate commercial resolution could look like.

In most situations, opting for the dialogue of mediation is preferable to enduring the lengthy and costly battle of litigation.