10 Things I Know About... Business Disputes
Michael Zeytoonian, a lawyer and mediator, is the founding member and director of the Zeytoonian Center for Dispute Resolution LLC in Westborough and Wellesley. He can be reached at mzeytoonian@zeytooniancenter.com.
10. Getting Settled
The costs and fees incurred in court cases can be considerable and can drain your business, organization or family of its assets, so it’s better to focus on settlement by design from the outset.
9. Look For Alternatives
Alternative Dispute Resolution (ADR) describes a number of methods used to resolve disputes out of court. ADR methods typically are faster, less expensive, more efficient, less adversarial and more flexible than a court process or arbitration.
8. Decide Early
To be most efficient and effective in reaching a lasting resolution, you should first consider using an ADR process early in the dispute, before filing any court papers.
7. Know Your Situation
The key to reaching a good resolution is to utilize the approach and process that is most appropriate and efficient for your specific situation.
6. Preservation Practices
When preserving relationships between parties is important, mediation or collaborative law are better resolution processes to use.
5. Aim To Be Fair
The collaborative process focuses on, recognizes and understands each party’s needs, interests, concerns and goals. It allows all parties to be heard throughout the process.
4. Keeping Control
Most alternative dispute resolution processes keep the control of the process and the decision-making in the hands of the clients, rather than those of a judge, a jury or an arbitrator.
3. Win-Win Solutions
Most alternative dispute resolution processes focus on working to identify and satisfy the interests of the parties and to achieve a win-win result, rather than engage in a battle that can only produce a win-lose outcome.
2. Privacy Matters
One feature of most ADR approaches is that they are confidential processes.
1. Strive For Customization
Mediation can offer parties in a dispute more options and opportunities to develop solutions that are tailored for their situations, circumstances and needs.
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