Workplaces are a competitive environment. It is then not surprising that conflicts can occasionally arise that are sometimes impossible to resolve. Business mediation can however be an efficient way to resolve such disputes. A business mediator talks to those involved and helps them find a solution to their dispute together. The mediators at Nyāsa can help you with business mediation.

What is business mediation?

Mediation is a way of resolving conflicts. Business mediation revolves disputes in the workplace, in the boardroom or between companies. An independent and neutral mediator helps those involved to find solutions to their mutual problem. The mediator does not give judgment or advice and does not make any decisions. He or she guides the process, asks questions and ensures that those involved do not get stuck in their conflict.

Together with the business mediator, the parties involved go through a number of phases in the business mediation, which should ultimately lead to a resolution of the conflict. It is essential for a successful business mediation that the parties involved have the will to find a solution together and are willing to commit themselves to this during the mediation.

Resolving business disputes with mediation

For example, it could be a dispute, an argument within a board of directors or a disagreement between a company and a customer about a product or service provided, or a dispute between companies about a contract, employee complaints, conflicts between managers, intellectual property disputes, conflicts with shareholders and so on. Whatever the conflict may be, the mediator will discuss their mutual problem with the parties involved and look for a solution.

The benefits at a glance

Business mediation offers several advantages:

• The business mediator is an expert in conflict mediation. He or she will also look for any underlying causes of the dispute. This helps to find a sustainable solution.
• The parties involved largely determine the outcome of the conflict themselves.
• Business mediation is usually faster, cheaper and more efficient than legal proceedings with lawyers.
• Mediation offers a good chance of maintaining or restoring the business relationship after the dispute.
• Mediation is private. The company’s affairs will not become public if one utilizes mediation.
• Mediation is ideal for small businesses that don’t have a large budget for legal representation. Since mediation is quick, the shorter the process, the less money you will spend compared to going through litigation.

The result of business mediation

In business mediation, the parties involved look for a solution to their business conflict together. What that result looks like differs per situation. Sometimes, financial compensation can offer an appropriate solution, other times the contract in question is terminated. And when the conflict focuses on clashing personalities, respect and understanding for each other’s attitudes and views, it can do a lot of good. In many cases, the solution to a business conflict also lies in a combination of agreements and/or measures. The result of the business mediation is often recorded by the mediator in a settlement agreement.

5 phases in business mediation

1. Preparation: The parties involved agree that business mediation can resolve their conflict.

2. Intake: in this formal phase, the mediator explains, among other things, the procedure and the mediation agreement is signed.

3. Exploration: The business mediator talks with the parties and looks for the core of the problem. The business conflict is narrowed down to a number of concrete points the parties want to focus on and resolve.

4. Negotiations: Under the guidance of the mediator, the participants in the business mediation seek solutions to their conflict.

5. Conclusion: The business mediation is formally wrapped up, mostly with the signing of a settlement agreement.

As running a business is all about the bottom line, the less time one spends on trying to resolve a conflict, the more time you can focus on the daily operations of the company. When it comes to fighting on your behalf, the team at Nyāsa is relentless. You can reach us here.