Businesses often find it necessary to initiate or defend against legal action for myriad reasons, some of the most common being contract disputes, tax disputes with the IRS and/or state tax board, issues with a current or former employee, and the disposition of a business during a divorce proceeding. There are countless others, of course, and courts are jammed with pending actions, causing delays and motions and added attorney hours, inspiring many businesses to consider meditation.
What is Mediation?
Mediation is the process of resolving problems with the help of a qualified third party, one who has the training and certification to assist in a meaningful and legally binding way without judicial intervention. McLin Burnsed’s Phillip S. Smith is a Certified Circuit Court Mediator, a designation that is earned by completing Florida Supreme Court-certified circuit mediation training. Florida boasts one of the most expansive court-connected mediation programs in the nation, with specific qualifications, ethical standards and dispute procedures, as well as required continuing education for mediators to ensure consistency and legal solidity.
What Are the Advantages of Mediation?
Phillip Smith has many years of experience in providing mediation to help businesses gain certain advantages over going to court, including:
Greater privacy – With the exception of a final agreement that is part of a court order, the contents of a mediation are usually completely confidential. Mediation typically allows the proceedings, evidence, transcripts and outcome to remain private, which can be invaluable to businesses whose reputations may be tarnished by what is alleged or revealed during a trial, regardless of the final ruling.
Lower costs – Mediation is less formal, complex and time-consuming than going to court, or even engaging in arbitration. Most mediation cases are significantly less expensive than going to court.
Quicker turnaround – Most mediations take about 6 months or less from start to finish. Courtroom litigation can take years.
Less contentious – Oftentimes business disputes involve other parties with whom the business would like to remain civil. Perhaps it involves another local business, or a customer with whom you would like to maintain a relationship, or an ex-partner or even a loved one. Because mediation involves compromise and collaboration instead of a win/lose outcome, relationships can often be preserved.
Better compliance – Because mediation involves compromise, the final results see greater compliance than testy lawsuits, whose verdicts are often appealed or go ignored.
Less stressful – For all the reasons above and more, mediation can be a far easier and more reasonable way to solve problems. In cases where mediation doesn’t produce a solution, legal redress can still be initiated, making it a safe initial path.
Phillip Smith has years of experience providing mediation services to businesses of all types and sizes, including public and private corporations and organizations, partnerships, management teams, officers, directors and shareholders, and other professional entities. He has helped countless Florida businesses avoid the cost, stress, time-consumption and ill will that can be generated by a trial. He has the skill, patience and acumen to listen to both parties fairly and impartially, both together and independently when warranted, examine the stated problem(s), ask the necessary questions to ascertain the information and facts involved in the dispute, determine the shared mission of both parties, and offer proven, time-tested methods for the parties to reach common ground. Mr. Smith introduces possible solutions so that everyone can get back to their businesses, lives and goals in a fraction of the time of a trial.