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Turning disputes into deals, one mediation at a time

As a collaborative process, mediation can be a catalyst for brand-new deals and opportunities

    • Proposing mediation shows that one values the business relationship and encourages open dialogue.
    • Proposing mediation shows that one values the business relationship and encourages open dialogue. PHOTO: PIXABAY
    Published Wed, Sep 13, 2023 · 05:00 AM

    BY ITS very nature, a dispute almost universally involves ill feelings, strong disagreements, and sometimes broken promises. Relationships and negotiations break down and at some point, the parties will inevitably reach an impasse. At this point, legal action may seem necessary for resolution.

    However, taking legal action also has distinct consequences for confidentiality, reputation and finances for both parties. In many cases, they also do not want to further jeopardise the relationship; they want to resolve the dispute as amicably as possible to leave the door open for future dealings.

    That is where mediation can play a role. A professional mediator can help disputing parties articulate their interests, better understand each other’s positions and concerns, and guide them to achieve some common ground in settlement. In fact, mediation can even go a step further beyond just resolving disputes and repairing relationships; as a collaborative process, it can also be a catalyst for brand-new deals and opportunities post-dispute.

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