Business Mediation Services

What is Business Mediation?

Business mediation is a structured negotiation process where a neutral third party helps business owners, partners, employees, vendors, or other stakeholders resolve disputes and reach mutually acceptable agreements. Unlike litigation, which can drag on for years and cost enormous sums, mediation typically resolves disputes in a matter of weeks or even days.

As your mediator, I don't judge who's right or wrong, and I don't impose solutions. Instead, I facilitate productive conversations, help clarify interests and concerns, and guide parties toward agreements that make business sense for everyone involved.

Types of Business Disputes We Mediate

Business mediation can address virtually any commercial conflict:

Benefits of Business Mediation

The Business Mediation Process

Business mediation follows a structured but flexible process designed to reach resolution efficiently:

Partnership & Shareholder Disputes

When partners or shareholders disagree, the business suffers. Operations stall, employees feel the tension, and value erodes. Mediation provides a way to resolve these conflicts before they destroy what you've built together.

Common Partnership Issues

• Disagreements about business direction or major decisions
• Concerns about one partner's effort, contribution, or conduct
• Disputes over profit distribution or compensation
• One partner wanting to buy out the other
• Conflicts about bringing in new partners or investors
• Succession planning disagreements
• Alleged breaches of partnership agreements or fiduciary duties

Partnership disputes are particularly well-suited to mediation because they often involve ongoing business relationships and shared history. Even when partners decide to separate, mediation can structure the dissolution in a way that minimizes disruption and preserves the business value.

Family Business Mediation

Family businesses face unique challenges—business disputes become family disputes, and family tensions affect business operations. When family members can't separate business disagreements from personal relationships, everything suffers.

Why Family Businesses Need Specialized Mediation

Family business conflicts require a mediator who understands both business dynamics and family systems. I help families:

• Separate business decisions from family emotions
• Address generational differences in management style and vision
• Navigate succession planning and leadership transitions
• Resolve compensation and ownership disputes fairly
• Handle situations where some family members work in the business and others don't
• Create governance structures that prevent future conflicts
• Find solutions that preserve both the business and family relationships

The goal isn't just resolving the immediate dispute—it's creating structures and communication patterns that help the family business thrive for generations.

Employment & Workplace Disputes

Employment conflicts can be particularly challenging. They're emotionally charged, legally complex, and can expose businesses to significant liability. Mediation provides a confidential forum to resolve these disputes before they become expensive lawsuits.

Mediation allows employers and employees to resolve disputes privately, avoid the costs and risks of litigation, and often preserve employment relationships worth saving.

Contract & Commercial Disputes

Business depends on contracts, and disputes about contracts are inevitable. Whether it's a disagreement about what the contract means, allegations that someone didn't perform, or questions about payment, mediation provides an efficient path to resolution.

Common Contract Issues

• Disputes over contract interpretation or ambiguous terms
• Allegations of breach of contract
• Disagreements about performance quality or timelines
• Payment disputes or claims of non-payment
• Force majeure situations and unforeseen circumstances
• Contract modification or renegotiation needs
• Warranty or guarantee disputes

Many business relationships are worth more than any single contract dispute. Mediation resolves the immediate problem while preserving the business relationship for future dealings.

When to Consider Mediation

Business mediation works best when:

That said, even difficult disputes can benefit from mediation. I've seen situations that seemed impossible to resolve end with handshakes and workable agreements.

The Role of Attorneys in Business Mediation

Attorneys often participate in business mediations, and that's perfectly appropriate. Here's how it typically works:

Before Mediation

Attorneys can help their clients prepare by identifying key issues, gathering relevant documents, analyzing legal positions, and developing negotiation strategies.

During Mediation

Attorneys can attend mediation sessions, provide legal advice during breaks or private caucuses, help evaluate settlement proposals, and ensure their client understands implications of potential agreements.

After Mediation

Attorneys can review settlement terms, formalize agreements into binding contracts, and handle any necessary documentation or filing requirements.

Frequently Asked Questions

How much does business mediation cost?

Mediation costs vary based on the complexity of the dispute and the time required. However, even complex business mediations typically cost a small fraction of what litigation would cost. Parties usually share the mediator's fee equally. Contact me for specific rate information.

How long does business mediation take?

Many business disputes resolve in a single full-day mediation session. More complex matters might require multiple sessions or follow-up meetings. The total time from initial contact to signed agreement is typically measured in weeks, not months or years.

Is mediation confidential?

Yes. Mediation discussions are confidential and privileged. What's said in mediation generally cannot be disclosed in court or used against either party later. This confidentiality encourages honest conversation and creative problem-solving.

What if we don't reach an agreement?

Not every mediation results in full settlement, though the majority do. Parties often reach agreement on some issues even if not everything is resolved. If mediation doesn't fully resolve the dispute, parties retain all their legal rights and options.

Can mediation agreements be enforced?

Yes. Once parties reach agreement and sign a settlement agreement or memorandum of understanding, it becomes a binding contract enforceable like any other contract. The terms are what the parties agreed to, not what a judge imposed.

Do we need to be in the same room?

Not necessarily. Mediation can be conducted in person with all parties in the same room, in person with separate rooms (caucus mediation), or virtually via Zoom. We'll use whatever format works best for your situation.

Should I bring my attorney?

That's entirely up to you. Some businesses bring attorneys to mediation, others don't. What's most important is having decision-makers present who have authority to settle the dispute.

What's the success rate of business mediation?

Industry-wide, mediation resolves disputes in the majority of cases—typically between 70-85%. Many disputes that don't settle at mediation still settle shortly afterward, as mediation helps parties understand each other's positions and narrow the issues.

Can mediation be required by contract?

Yes. Many business contracts include mediation clauses requiring parties to attempt mediation before filing suit. Even without such a clause, parties can voluntarily agree to mediate at any time.