GETTING THE OTHER SIDE TO THE TABLE
While
mediation is a voluntary, sensible and cost-effective way to resolve a business
dispute, not everyone wants to play. A party who is unfamiliar with the process
may view mediating as a sign of weakness or resist participating.
Sometimes
the contract the parties have concluded or the legal system requires parties to
mediate a dispute. But if the parties are not mandated to mediate and only one
of them wants to do so, how does that party get the other to the table?
Here
are some suggestions:
-
Write a short, polite letter to
the other side explaining that you would like to try to mediate the matter and
list some advantages eg. the low cost, no-risk, confidential and efficient
nature of this process.
-
Do not coerce or threaten or try
to persuade the other side – simply suggest the advantages to both sides.
-
Point out that an early, mutually
satisfactory settlement negotiated by the parties is more advantageous than
having a third party i.e. the court or an arbitrator, impose a finding that may
be unsatisfactory to either of the disputants and is certainly more
cost-effective.