Unlike others, I have a broad toolbox with over 30 years of experience as a plaintiff and a defendant that has uniquely prepared me to assist litigants to efficiently and cost-effectively resolve disputes quickly and with dignity. My experience over 30 years of actual hands-on business experience in manufacturing, professional engineering consulting, construction, commercial & residential real estate transactions, and general business. Unlike most other mediators, I bring actual “Principal Participant” earned hands-on dispute resolution experience directly to the litigant parties during the dispute resolution process to assist them to cut through obstacles to reach a speedy, efficient, and cost-effective dispute resolution. As a plaintiff and defendant, I have felt your pain. My work had taken me to many parts of the world, where I have gained valuable experience working with many ethnic groups and cultures.
Who Pays the Mediator in a Commercial Dispute?
Generally, the parties to a commercial dispute will negotiate and agree upon who is responsible for the payment of the mediator. Depending on the specifics of the situation, either party may be responsible for paying the mediator’s fee. Alternatively, each party may agree to split the cost evenly. If negotiations between the two parties fail, they may also enter binding arbitration where an arbitrator is appointed to decide who pays for mediation services.
Who Selects the Mediator?
Generally, when two parties are involved in a contract dispute, they must agree upon who will serve as their mediator. This could be accomplished by selecting a neutral third party or through mutual agreement on an individual who is qualified in mediation services.
What is the Role of the Mediator?
The primary role of the mediator in a commercial dispute is to help facilitate communication between the parties and find an efficient solution that is mutually beneficial. The mediator will act as a neutral third party and won't take sides in the dispute. They will work to ensure that both parties have an opportunity to explain their viewpoint and listen carefully to the other side's issues. Mediators are also tasked with helping the two parties reach a settlement, if possible, or providing guidance through the process such as arbitration or litigation.
Does the Mediator make the decision for settlement?
No, the mediator does not make the decision for settlement. The role of the mediator is to facilitate communication between the two parties and provide guidance in resolving their dispute. The mediator will listen to both sides and help them come to an agreement, but it is ultimately up to the two parties involved to make a final decision on any potential settlement.
