Unknown to many, mediation offers innumerable benefits to those willing to consider it.
WHEN IS MEDIATION NECESSARY?
It can be voluntary. But, under Florida law, there are very few cases that are not ordered to mediation.
If you’re unwilling to participate in a court-ordered mediation, you will be at risk for sanctions, including mediation fees, attoney’s fees and costs.
Mediation is an excellent alternative to trial when the parties are;
- Focused on maintaining a good relationship, after the dispute is resolved, these may be the case for business partners who wish to keep doing business together.
- Looking to identify parties’ positions and underlying issues.
- Interested in exploring settlement alternatives.
- Interested in exercising self-determination and joint problem-solving.
WHAT ARE THE ADVANTAGES?
The process takes a few hours to days, allowing you to get back to your lives faster.
It saves on legal costs as well as lost productivity costs of the parties involved in the dispute. The mediation costs are typically split between the parties.
- The whole process is confidential
There are no records and transcripts that may be used against you in pending or future lawsuits.
- Exceedingly flexible and produces better results
Parties have a more significant involvement in negotiations and have more control over the outcomes.
Parties come to a mutual settlement with no public record of a winner/loser, or admission of guilt, insuring greater privacy.
- Protects ongoing relationships
It keeps all parties away from the torture of years in litigation and results in outcomes that are agreeable to all.
Thus, increasing the chances of preserving personal or business relationships.
The decision is primarily in your hands. You don’t rely on judges and a jury who may have little to no real interest in your case.
- Free to voice opinions and concerns
Due to mediation confidentiality, all parties can speak freely in the mediation conference thus improving the chances of understanding each others positions.
MEDIATION SHOULD BE CONSIDERED!
Although a mediator doesn’t make any decision, it is advisable to hire someone with experience.
A mediator will help you identify underlying issues, reduce misunderstandings, and suggest or offer outcomes without imposing them on you.
At, McCorvey Law and Mediation, PLLC, our in-depth experience in dealing with all types of business and real estate disputes is invaluable in assisting the parties as they work together to find common ground and suitable outcomes. Contact us today at 904.329.7237 or visit us at 301W. Bay Street Suite 1458, Jacksonville, FL, 32202.
See our FAQ videos answering questions concenring mediation at www.mccorveylegal.com.
When operating a small business, you may be focused on growth and improving your profits. Plus, operating your own business is very challenging and time consuming. Consequently, many business owners neglect retaining an attorney. But rather than viewing a small business attorney as unnecessary, you should consider them a valuable asset to your organization.
Lawyers help you negotiate contracts and resolve disputes. They also identify legal issues before you are sued by any affected parties. In my years representing small businesses, I have been fortunate to work with bright and talented business executives who can see the bigger picture when it comes to legal matters.
My goal is to represent property owners, large and small lenders, and businesses with daily operations. By understanding the importance of allowing an attorney to address legal issues properly, small business owners can channel resources towards growth and risk mitigation.
Why do small businesses need an attorney?
We understand the challenges that small business owners face. Resources may be limited, and owners might have limited knowledge of the market and legal guidelines. A small business attorney is a valuable resource you can rely on when in need of legal advice. These lawyers help you deal with contract matter, entity legal requirements, and property issues.
As your business continues to grow and accumulate assets, you’ll need to have the right mechanisms in place to establish ownership, transfer processes, and sales. The elements of small business law can become complicated very quickly. This is why having a professional by your side is the best way of protecting your business.
Depending on the operations of your company, you may also need an industry-specific lawyer. Some attorneys specialize in copyright issues, employment law, sexual harassment, and wage disputes. As you continue to hire more staff that will help your business grow, you’ll also have to protect your company against any violations against employees. Small business attorneys can help you protect the organization from costly lawsuits by providing legal guidance ahead of time.
I have been guiding small businesses in setting up their operations and avoiding costly lawsuits. I also recognize the focus that entrepreneurs have on their companies, and that’s why having a small business attorney such as myself on their side is a valuable service.
When to Hire a small business attorney
As important as it is to have a small business attorney by your side, when is the right time to hire these professionals for your organization? This can be a difficult decision to make, as small corporations typically undergo turbulent times during their early years. The mistake that most business owners make is to hire small business attorneys only when facing a lawsuit. Remember that lawyers can guide you in many other aspects of your daily operations.
You should consider hiring an attorney during any of the following situations:
- When preparing a business plan
- Identifying and trademarking your business name
- Setting up tax forms and identifying tax obligations
- Developing criteria for hiring employees
- Handling audits
- Preparing contracts with sellers and customers
You may be wondering why it’s necessary to seek legal counsel during these seemingly routine processes. Being proactive is the best approach to take because you’ll avoid making common mistakes that often result in fines, lawsuits, and even losses.
Every small business needs a qualified, experienced, and passionate small business attorney by their side. With many years of experience and expertise, John can help your company navigate toady’s complex legal environment and ultimately become profitable. Need legal guidance for your business? Contact us today.