BOTH SIDES CAN WIN THROUGH MEDIATION--LITIGATION IS AN ADVERSARIAL PROCESS, WHILE MEDIATION IS COLLABORATIVE

摘要

Business disputes are common. Merchants and customers, employers and employees, tenants and landlords, and business partners disagree about many things. Whether they maintain a productive business relationship going forward depends on how they resolve those disputes.In the United States, most parties and attorneys tend to resolve and exacerbate disputes through litigation. This is an adversarial process that often ends relationships—usually after significant investments of time, expense and energy. Negotiations may be successful, but sometimes, parties reach an impasse. Mediation is assisted negotiation. Parties engage a mediator—a professional trained in conflict resolution—who facilitates discussion, attempts to defuse hostility and empowers the parties to reach their own solution.