The best thing a business can do when a dispute interferes with productivity, is to be able to quickly navigate through it and get back to work. Often easier said than done. Many disagreements arise because people misunderstand the other person. It is helpful to consider the wise words of Ambrose Bierce: “Speak when you are angry and you will make the best speech you will ever regret.”
Once people are locked in a dispute they have difficulty hearing each other’s point of view. Often when the mediator or neutral steps in and repeats the same message, surprisingly the message is heard. Once parties start to hear each other the understanding of one another can begin. “One of the best ways to persuade others is with your ears –by listening to them.” –Dean Rusk.
The least expensive way to resolve the matter is by direct negotiation, business person to business person. If that fails, then consider using someone else at your business to attempt direct one-to-one negotiations. If that fails, a neutral third party may be able to help. Third party neutrals could include:
- An adviser or friend trusted by both or all sides;
- A former adviser trusted by both or all sides;
- The business accountant or his or her partner; or
- A standard bearer in the industry.
The mediation process could be helpful: it is expeditious, informal and private. If trademarks, trade secrets or business practices are involved, the business may not want to share those publicly.
The better neutral is someone trained in mediation or dispute resolution that has experience in the general subject matter. For example, a mediator in family law may be unfamiliar with business concepts and vice versa. If the business mediator suggests that the dispute could be resolved by mediation, consider contacting your lawyer to learn of your rights and responsibilities. Remember that the mediator is not your lawyer.
Any mediator should be willing to discuss the matter with you at no charge.