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What is Meant by Business Mediation or Corporate Mediation?

Written on February 8, 2019

If there was a way to resolve business disputes without the costs and hassle of litigation, you would certainly want to know more about your options. Most Florida business owners share in this view and are considering business mediation as a means of smoothing over disagreements. There is a such a corporate mediation program under the rules of the Sixth Judicial Circuit of Florida, which covers Pinellas and Pasco Counties. It is important to consult with a Clearwater, FL business attorney and certified civil mediator before making a decision regarding this alternative, but some answers to common question may be informative.

How does business or corporate mediation work?

Before resorting to litigation – or shortly after filing – parties have the option to take their business dispute to mediation for resolution of differences. The proceedings take place before a third-party, neutral mediator, along with the parties and their respective attorneys. During the session, the mediator will facilitate productive conversations regarding the dispute in an effort to help the parties reach an agreement. If they do compromise on outstanding issues, the mediator can assist with implementing the agreed-to plan going forward.

What are the benefits of mediating business disputes?

Cost is one of the main motivators in choosing mediation over litigation. A lawsuit is expensive when you take into account attorneys’ fees, expenses related to discovery, and other costs. However, there are other advantages to business mediation:

  • The process moves quickly compared to litigation, as the session could be completed within a day.
  • There is significant risk involved with litigation and less control over the proceedings. With mediation, the parties contribute to the result instead of leaving it up to the judge or jury.
  • Your business reputation and relationships can suffer if news of a lawsuit gets out.

Does a mediator use specific strategies to facilitate compromise?

A Florida certified civil mediator is specially trained to assist with business disputes. The objective is to get the parties together for productive discussions that encourage settlement on contractual disputes, issues between business partners, and any other disputes that may arise in the business environment. A mediator may use such strategies as:

  • Brainstorming ways to modify a contract;
  • Implementing an installment plan for back payments;
  • Comparing each party’s proposal for resolving the matter, in an attempt to get the parties closer to agreement;
  • Reviewing the facts and application of Florida law, so the parties can assess their strengths and weaknesses; and,
  • Many other tactics

What happens if we still cannot agree?

Fortunately, business mediation is non-binding and confidential. This means that you can still take the matter to court if you cannot reach an agreement through the mediation process. Your statements and information presented during the proceedings cannot be admitted into court.

Discuss Corporate Mediation with a Knowledgeable Florida Business Law Attorney

For more information on the benefits of mediation and whether it may work for your business, please contact Clearwater Business Law at (727) 785-5100 to schedule a consultation. Andrew J. Mongelluzzi is a certified civil mediator in Pinellas County, FL, who can explain the process and tell you more about what to expect.

 

TESTIMONIALS

I strongly endorse Andrew Mongelluzzi. He is a very skilled and able business attorney focused on customer service and results. On the front end, Andrew deftly advises new businesses on organizing properly, acquiring necessary licenses, contracting with vendors & customers, and dealing with various compliance issues that may arise. On the back end when things go south, Andrew counsels and navigates businesses through complex commercial disputes and aggressively represents them in negotiations, mediation, arbitration, and in litigation so that businesses can legally move on and get back to business. Andrew’s ability to identify legal issues and approaches to resolve business-related issues is a strength that I have learned from and professionally relied upon in approaching the business matters and cases that I handle. I regularly refer business to Andrew knowing that he will diligently represent his business clients and their best interests.
Relationship: worked together on matter

- Frank N. Genco, Florida Bar No. 440086

Attorney Mongelluzzi and his team provided excellent and quality service. I always felt that my needs were met and that the firm was invested in me and my case. The quality services I received at Mongelluzzi’s firm were remarkable. From the initial meeting they were responsive to my calls, questions and concerns. All issues were handled professionally and timely, easily accessible, got back to me quickly, aggressive and got me the results that I wanted. Attorney Mongelluzzi and his staff all gave my case their personal attention and provided the quality of work that anyone would want when hiring an attorney.

- Client

Andrew is very thorough defining the outcome expectations. In my case, it was setting up a new corporate entity. He advised me on the most beneficial option and he then executed on that path. Andrew is a very pleasant person to work with. He is determined, skilled and committed to his client’s success.

- Gil Pinney

Andrew helped me through a difficult situation with American Express and we won the case. A great job by Andrew! He also helped me with T&C’s in my company. I would recommend Andrew highly as an attorney.

- John Sams

As a business owner for 12 years I have seen my fair share of ups and downs. Some of the downs would include landlord/tenant disputes and creditors that may have not been fulfilled to agreement. Andrew has met both of these situations for me in a timely, positive, and affordable manner.

- Rich Mattes

It was very nice to have a lawyer who not only is fierce in negotiations but has been successful in business. This is a lethal combination. I was glad he was on my side.

- Nigel Castanheiro

Andrew helped me with a contract litigation case. The lawyers battled it out for over a year and we finally got a reasonable settlement offer. Then the other side tried to back out. Andrew figured out how to force the other side to honor the deal and really knows his way around the court system. Definitely feel comfortable using him again.

- John Ellis

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