A business dispute is costly in terms of time, money, and energy. It disrupts business operations and can potentially damage the company’s reputation. This is why many organizations prefer to resolve a conflict without lengthy and expensive litigation in court. Parties involved in a commercial dispute may take advantage of Alternative Dispute Resolution (ADR) methods such as mediation and arbitration.
For these conflict resolution processes, the parties will need to select a neutral mediator or arbitrator (mediation attorney) specialized in the areas of business mediation and arbitration. In the Tampa Bay area, the lawyers at The Boudreau Firm have over two decades of experience providing business mediation and arbitration services in legal matters, helping businesses achieve optimal outcomes in an efficient manner.
Our dispute resolution services include:
- Family business mediation
- Vendor dispute mediation
- Contract dispute mediation
- Contract-triggered arbitration
- Real estate dispute mediation
- Wills, trusts, or probate mediation
- Landlord-tenant mediation
- Employment disputes
- Shareholder dispute arbitration
- And other disputes needing business mediation or arbitration
See how The Boudreau Firm can help you arrive at a favorable resolution. We provide you with the information and facts regarding your mediation or arbitration needs. Contact The Boudreau Firm today at 727-390-7614.
Why Go Through Business Dispute Mediation
Mediation is an out-of-court process where conflicting parties discuss ways to resolve their dispute. A neutral third party, the mediator, facilitates the process and helps both parties communicate effectively for a fair resolution. It is up to both parties to reach an agreement, which they can then put in writing to make it legally binding.
Florida courts require mediation between parties involved in a business lawsuit. This allows them to settle the issue before the case proceeds to trial.
However, even without a lawsuit, conflicting parties may opt to go through mediation voluntarily. The business mediation process offers certain advantages:
- Parties are in control of the outcome. Unlike in litigation, where a judge makes the final decision, participants in mediation decide on their resulting agreement. This is ideal for business owners and stakeholders who need to be hands-on in managing their situations.
- Mediation is designed for win-win results. This process does not involve judgments for or against either party. Both participants are allowed to be flexible to make their resolution mutually agreeable. Even in complex disputes, this is achievable with the help of an experienced and skilled mediator.
- Mediation is a faster and less costly solution than litigation. A courtroom trial can stretch over several months or even years, while mediation can conclude with just a few sessions. Participants don’t have to wait for court dates, and they can save money on attorney retainers.
- The process is confidential. The whole mediating process, as well as the resulting agreement, are private, unlike in litigation which enters public record.
When to Go Through Business Arbitration
Arbitration is also an out-of-court procedure, but it entails an impartial third party who makes a decision on the case. This third party may be an arbitrator or an arbitration panel. Each party presents their case to the arbitrator, who then hands down a legally binding decision.
Though arbitration resembles a trial, it is much faster, cost-efficient, and flexible. There is no formal procedure to follow in arbitration. Participants can decide on the schedule, venues, rules of evidence, order of testimonies, and other aspects of the process. In addition, the result of arbitration is confidential and not a matter of public record.
Arbitration may be necessary or preferable for various reasons. The most common reason is when an existing contract between the parties includes an arbitration clause, specifying that they arbitrate any dispute instead of going to court. Apart from this, parties may also voluntarily choose to arbitrate in certain situations, such as if other ADR methods would not work for them.
Choosing a Mediator/Arbitrator with Legal Competence
To guarantee impartiality, both parties choose a mediator or arbitrator that they both trust. There are numerous certified mediators and arbitrators in Florida who can be found in professional databases, through referrals, or with an internet search.
However, businesses in a dispute must be more diligent in choosing the right dispute resolution professional. Commercial disputes are complex issues that require navigating an intricate legal landscape. Multiple state and federal laws factor into the resolution process, be it Contracts Law, Tax Law, Labor Law and the like. Participants must ensure that their agreement is legally sound and enforceable.
For these important reasons, it’s best to choose a mediator or arbitrator with a background and understanding of business law and commercial law. An attorney who provides business mediation services can apply their legal know-how to ensure that all parties’ rights are protected, and the outcome is fair to both parties under applicable statutes. Likewise, a lawyer who provides business arbitration services can make decisions that uphold both parties’ interests under the law.
Contact The Boudreau Firm
In The Boudreau Firm you will receive top notch advice guidance and representation as we take you through the steps of mediating or arbitrating your case. Our track record includes successful conflict resolution in and out of the court. Through our decades of practice in business disputes, we have honed our insight and strategies to achieve optimal outcomes for all parties involved.
The Boudreau Firm, based in St. Petersburg, Florida, serves Tampa Bay, Clearwater, Pinellas County, Hillsborough County, Manatee County, Sarasota County, as well as Hernando & Pasco Counties, and beyond. Contact The Boudreau Firm today at 727-390-7614 to schedule a consultation. We’re here to solve this problem for you.