Mediation is a process that can help resolve even the most heated of disputes. A business fighting with a former employee who made wrongful termination claims or a vendor who failed to fulfill a contract could attend mediation to find a way to resolve the conflict amicably.
Many times, those who may benefit from business mediation dismiss it as an option in their case. Particularly when a conflict is intense or emotional, the parties in a dispute may feel as though a sit-down discussion would not be productive. The parties involved may worry that a face-to-face meeting would devolve into an argument and only worsen the relationship between the parties.
Those representing a business embroiled in a dispute sometimes despair of resolving conflict amicably and may turn to litigation out of desperation. However, sometimes a third-party neutral assisting with the mediation process can serve as a buffer between the two parties to minimize direct interactions and prevent the conflict from spiraling out of control.
Shuttle or caucus mediation could be an option
Mediation would not work well if it devolved into a shouting match, which is why there is more than one approach to the process. The most efficient style of mediation involves having everyone sit down together to discuss the situation at length. However, what is efficient is not necessarily a realistic option in every case.
If intense emotions would likely derail attempts to amicably resolve a business dispute, keeping the parties separate could lead to a faster and more effective solution. During caucus or shuttle mediation, the parties seeking to resolve a dispute stay in separate spaces. The mediator goes back and forth between them to try to facilitate communication and compromise.
They ask questions and relay information in the hopes of prompting an amicable resolution to the matter, but the separate settings can help minimize how much emotions influence the outcome. The neutral third party’s ability to defuse tension and promote calm communication could lead to a successful resolution of the dispute between the two parties.
Despite what people often assume, mediation can be a viable solution even when either of the parties involved in a business dispute has strong feelings about the matter. Overall, mediation can be faster, more private and more cost-effective than litigating disagreements between businesses and employees or two companies.
Exploring every option for dispute resolution may help executives and business owners minimize the harm caused by a conflict or contract breach.