B2B Mediation provides competent, professional mediation services for a wide range of professional and corporate disputes. More and more businesses are turning to mediation as an alternative to litigation and costly court proceedings. Through mediation, conflicts are resolved effectively and expediently in a professional, participative process that ultimately strengthens rather than weakening the organisation. Mediation is a great way to enhance your business to business relationships leading to creative, innovative, win/win solutions.
More companies and individuals are turning to mediation rather than litigation as a conflict resolution and problem-solving process. When you compare mediation to a court-based judicial process, the benefits become very clear:
Mediation is effective in terms of both time and money. The cost of a mediation process is substantially lower than the costs associated with a court process. Satisfactory solutions are reached substantially faster through mediation than through the judicial system.
Mediation is a creative, cooperative process of dispute resolution which can often bring about a flexible, needs-based, mutually satisfactory resolution.
Personal and Psychological Benefits
The mediation process is fundamentally empowering. Both parties have the opportunity to identify needs, analyse sources of conflict, and participate in the resolution of issues in a safe, confidential, professional environment. Perhaps the most valuable aspect of the mediation process is its ability to provide a forum in which individual needs are identified.
Looking to the Future
Litigation can be a drain on time, resources, and emotions; because of the length of time it takes to resolve a case through formal judicial determination, the process is often compared to being stuck in time. In contrast, mediation focuses on the future. How can parties resolve their differences and move on, either separately or in the context of a newly forged understanding? Mediation allows us to arrive at that point expediently. Many times, going through this reflective and solution-oriented process actually prevents future conflict. The integrity of the organization may be strengthened through the mediation process.
In short, Mediation is more than just a way of avoiding going to court, though it may start out that way. The ongoing benefits of the process are substantial.
Common Questions about Mediation
Here are our responses to questions that individuals considering mediation frequently have. You may also have specific queries that we haven't answered. If so, you can contact us and we would be happy to address them.
In what situations is mediation appropriate?
Mediation has been used successfully in a very wide variety of situations, both personal and professional. Common situations include disputes between companies or between franchisers and franchisees, conflicts regarding real estate, internal corporative issues such as board/CEO/management/shareholders disputes, to name a few.
What happens during the mediation process?
The basic mediation process has six parts:
• First, the mediator sets out the ground rules, going over protocol and basically defining the process.
• Next, both parties involved in mediation have the opportunity to speak, stating the problem.
• The third step is information gathering. Often, the statement of the problem opens up more questions than it answers. This step of the mediation process is dedicated to filling in those gaps.
• Next, there is a formal identification of the problems.
• The following step consists of bargaining and generating viable options.
• Finally, an agreement is reached, resolving the issue.
This is the basic process of mediation. In specific situations, other components might be added to this basic framework.
What happens if a resolution cannot be reached?
Having gone through mediation does not preclude going to court. That solution is still open to you without prejudice if mediation were to fail.
What qualifications does a mediator have?
Most mediators have a background in law, but their qualifications are not limited to the legal profession. Mediators may also have business certification and specific mediation training. All successful mediators are excellent communicators, and have had specific training in this area.
Eduarda P. Abissamra
Professional Background and Qualifications
My professional background, education and training encompasses the three areas essential to successful mediation:
I have a law degree from São Paulo / Brazil, and I am a member of the Brazilian Bar Association. Though very distinct from a court process, knowledge of the law is essential to an effective, trustworthy mediator. I have had 20 years of legal experience, most of it is in negotiation and disputes resolution, and have worked as a legal consultant for property developers, real estate franchisors and franchisees, insurance brokers, tourism agents. I have had extensive experience working with franchise; as well, I was a Senior Legal Consultant for a global industry leader in commercial real estate.
My specific business experience is in Real Estate mostly negotiating and managing Acquisitions & Development processes. I have also worked in Body Corporate management (including dealing with Weathertightness issues), Franchise relationship management and Corporate management amongst others. In short, this means that I have inside knowledge of the types of disputes that come up in business organisations, and am sensitive to business and organisational culture.
It has long been my belief that effective communication is the very backbone of any mediation process. I am a trained Neuro-linguistic programming Practitioner. NLP is a system of communication which involves mutual respect for all parties, the interpretation and use of verbal and non-verbal feedback, and specific strategies to establish effective and productive rapport. NLP did not give me my communication skills – those are, to a great degree, a personal attribute for which I am constantly grateful. However, NLP did make me aware of aspects of communication, which I effectively put to use in my professional mediation and negotiation.
In addition to this, I have had specific Mediation Training. I am an Accredited Panel Member of LEADR, and as such, I am knowledgeable about all aspects of the mediation process.
Faced with conflict or dispute you can use our services to find a way to resolve your difficulties. We help you find creative and long lasting ways to resolve conflicts in your business to business relationships.