Entrepreneurs are not interested in lawsuits but in solutions. For entrepreneurs, resolving conflicts through litigation can often be a nightmare. Apart from valuable time and energy being lost, their business reputation is also at stake. That is why, when a business conflict gets out of hand, people increasingly opt for mediation. We can say that business mediation is on the rise and for a reason. 

Let’s look at some of the developments in this area of mediation.

However business-like the setting, ultimately a conflict is mainly driven by emotion. A conflict is not only about the content, it mainly has to do with the relationship between people. Whether it concerns a dispute between business partners, shareholders, directors, or managers, everyone has emotions in a conflict. This comes up in every case.

Business mediation versus other mediations

Ultimately, I believe anyone who engages a mediator, be it for a divorce, a criminal offense, or a labor dispute, is looking for a quick solution. This is also the case with business mediation. The difference is mainly in the role and style of the mediator. In general, the business mediator is distinguished by a somewhat firmer, sometimes more directive attitude. He or she is more likely to use an evaluative style to resolve the conflict and is more content-oriented than a facilitating mediator.

The business community expects firmness from the mediator. This is purely from a pragmatic point of view. The entrepreneur wants to enter the mediation at 2 p.m. and walk out the door at 4 p.m. with a solution. The fact that the mediator plays an active role in this is often more than welcome.

A conflict is not only about the issue at hand, it mainly has to do with the relationship between people.

Are all mediators suitable to specialize in business mediation?

As in any field of mediation, it is important that the mediator is a subject matter expert. Firstly to radiate authority to the parties involved and secondly to be able to think along with solutions. It is essential that the mediator speaks the language of the entrepreneurs. If they drop terms such as NDA or SPA, the mediator must be able to respond quickly. He or she must understand what the world of entrepreneurs looks like in order to think and talk at their level. That is why I think that specializing in business mediation is mainly reserved for professionals who already have some basic knowledge of the matter.

The biggest challenge for business mediation development

From a practical point of view, bringing about mediation alongside litigation is a challenge. Many judges have a clear view of their duties: ‘I am being asked a legal question, and I answer it. If they don’t want that, then they have to opt for mediation themselves, I’m not going to do that for them’. As a result, the referral of judges to business mediation is still not running smoothly. This is of course understandable, but it does form a barrier to the development of mediation as a supplement to the judiciary.

For readers: What should you do if you find yourself in a business conflict (small or large)

The short answer is very simple: focus on good communication. But here’s a longer answer. Because this is of course easier said than done. Parties must be prepared to enter into a dialogue, to be vulnerable, and let go of their point of view. If not, good communication is impossible. But if one is prepared to do so, effective solutions are soon on the horizon.

So, be aware of this when you find yourself in a business conflict. If both parties are willing to communicate openly, a lot is possible.