Putting the Law to Work for You
For Businesses – Litigation
Business Dispute Mediation Services
Oftentimes, when people think of attorneys and the cases they take, they tend to imagine litigation: two adversarial teams facing off in a courtroom populated by relatives and jurors, with arguments and counter-arguments bouncing back and forth off of a judge who examines the evidence and comes to a ruling. However, litigation is only one method of conflict resolution which Maselli, Mills & Fornal has to offer.
In certain cases, litigation is absolutely the most effective and appropriate route toward ending a persistent issue. However, in other cases, the parties involved may wish to avoid litigation for a number of reasons. Compared to other methods of handling a business dispute, litigation can be costly, stressful, time-consuming, unpredictable, heavily-publicized, and in particularly tense cases, can hurt or even destroy personal relationships between opposing parties. Mediation as an alternative to litigation can frequently offer a gentler, faster, and more economical method of bringing a business dispute to a close.
What is Mediation?
Mediation is a process by which an appointed or selected mediator works to settle a dispute. In the context of business disputes, mediators are generally attorneys (whereas in family law, mediators may also be health professionals). The mediation itself generally involves sessions in which the relevant parties and their attorneys meet with a licensed and professional mediator. The mediator may meet with all of the parties at once, may meet with the parties separately, or may employ other procedures designed to achieve the mediator’s ultimate objective: to help the parties effectively and satisfactorily resolve their case or dispute.
Why Choose Mediation?
While litigation may be optimal for certain cases, mediation is the better option for other business dispute scenarios. What are the advantages of choosing mediation?
- Mediation offers a degree of control. In litigation, the attendant parties are comparatively helpless: the final decision will ultimately be made by a judge. In mediation, the parties involved have a greater degree of control over the final outcome, because under the guidance of the mediator, they work together to reach a solution that will be agreeable across the board.
- Mediation can be faster than litigation. Litigation cases can drag over long periods of time, due to rigid court scheduling, and the procedures for collecting and reviewing evidence. Because mediation is slightly less formal and more flexible, a course of mediation can be more rapidly completed.
- Mediation can be more economical than litigation. Litigation can become expensive, due to the amount of people and time often involved. Mediation fees tend to be smaller by comparison, and come with the added advantage that the cost of a single mediator fee can be split between the two parties.
- Mediation helps preserve amicable relationships. Litigation can become tense and emotional, and at times, can feel like a personal attack. If you want or need to preserve amicable relationships while still efficiently settling your dispute, mediation can provide a perfect alternative to litigation.
Business Dispute Mediation with Maselli, Mills & Fornal
Maselli, Mills & Fornal attorneys Perry S. Warren and Paul J. Maselli offer their services as mediators to attorneys and litigants alike. In addition to having represented hundreds of clients in mediation sessions, attorney Perry S. Warren is a certified mediator. Perry, who is certified by the Supreme Court of New Jersey as a civil trial attorney, brings his litigation experience and ability to see all sides of an issue to the mediation table.
Further, having recently completed the Civil Mediation Training Course, Perry is in the process of fulfilling the requirements for Admission to the Roster of Mediators for New Jersey Superior Court Civil, General Equity and Probate Cases. Perry is available to serve as mediator for all disputes. In addition, Maselli, Mills & Fornal attorney Paul J. Maselli has served as a mediator in civil and bankruptcy matters, and also is available to provide business dispute mediation services.
If you are interested in utilizing mediation as a means to resolve a business dispute, or if you have additional questions about how mediation compares to litigation, contact Maselli, Mills & Fornal online or by phone at (800) 891-2657 today.