GETTING THE OTHER SIDE TO THE TABLE
While mediation is a voluntary, sensible and cost-effective way to resolve a business dispute, not everyone wants to play. A party who is unfamiliar with the process may view mediating as a sign of weakness or resist participating.
Sometimes the contract the parties have concluded or the legal system requires parties to mediate a dispute. But if the parties are not mandated to mediate and only one of them wants to do so, how does that party get the other to the table?
Here are some suggestions:
Write a short, polite letter to the other side explaining that you would like to try to mediate the matter and list some advantages eg. the low cost, no-risk, confidential and efficient nature of this process.
Do not coerce or threaten or try to persuade the other side – simply suggest the advantages to both sides.
Point out that an early, mutually satisfactory settlement negotiated by the parties is more advantageous than having a third party i.e. the court or an arbitrator, impose a finding that may be unsatisfactory to either of the disputants and is certainly more cost-effective.
the other side offers resistance, you could contact a mediation organization to
do the selling.
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