Successfully Mediating Contract Disputes

Contract disputes can involve however many parties are involved in a transaction, whether it is a deal among Fortune 500 companies or a simple agreement between two individuals. In most cases, contract disputes will lend themselves nicely to mediation, which will significantly increase the chances of settling the dispute. Mediation gives the parties a broader range of possibilities than a court can provide for resolving their dispute and can be tailored to meet the particular needs of all parties.

To successfully mediate contract disputes in Miami Florida, you must ensure that every party and attorney has an understanding of the issues that need to be mediated. In some instances, issues are brought up at mediation that the other parties were not prepared to mediate. Having an understanding of the disputed issues will make mediation proceed more smoothly. Speaking with the mediator ahead of time after submitting your confidential mediation statement will help the mediator make all parties aware of the issues to be mediated.

Additionally, as you and opposing counsel focus on choosing a mediator, do not automatically dismiss mediators that your opponents suggest. After all, if the attorneys have agreed to mediation, the goal of which is a settlement, then these attorneys will suggest mediators that they feel will settle the case. So long as the mediator has extensive experience in mediation and contract disputes, he or she should be a good fit for your case. If you feel you have the stronger case, it may be to your advantage to agree to a mediator the other side knows and trusts.

Discuss the ultimate goals of mediation with your client. What is it that your client would like to see after the case is said and done? Be sure that each of your client’s goals is addressed with the mediator. This will ensure that any settlement agreement takes your client’s concerns into account.

Finally, encourage your client to be flexible. Making multiple unreasonable demands will only slow the mediation process.


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Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute