“Two Mountains Can Never Meet, But Two Men Can”
By Stanley Zamor
This is an old proverb that I sometimes reference during mediation. It denotes how even when stonewalled in adverse positions, men can still be moved to finding common ground. Conflict is inevitable. And when business owners find themselves in discourse such as vendor contract discrepancies, conflict with employees, labor force issues or a partnership separation, filing a lawsuit is the customary response; but NOT the only response. Mediation is a confidential, voluntary alternative to litigation that often has an amicable end not found in the court system. As a certified mediator I strive towards “Win-Win” outcomes that best suit the parties. This article will touch on only two aspects of mediation and introduce mediation as a means to resolve disputes. Future articles will focus on specific business disputes and how mediation, and other alternatives to litigation, can be used as a valuable resource when dealing with business matters.
Mediation Provides Access and Can Preserves Relationships
Mediation also offers access to legal services. In 2013 a three year research study was commissioned by the Florida Bar regarding the challenges facing lawyers, including, how they are servicing the public. The then President of the Bar, admittedly stated that lawyers are out of tune with this new millennium. The 2016 results of the commissioned report revealed that 80% of the public lacks access to legal services or legal representation. Wow! So only 20% of the public has access to legal services, yet there are over 100,000 licensed Florida attorneys? Mediation provides unbiased access to a balanced process that allows parties flexible opportunities to craft a resolution that they have control of. Whether the parties are represented by an attorney or not, access to mediation is always available.
Mediation can also preserve/mend a deteriorated business relationship, while helping to redefine roles between the parties. I’ve mediate between business entities where the plaintiff was suing for more than two hundred thousand dollars of unpaid invoices. The dispute became ugly and personal, and a lawsuit was filed. During the various months of litigation, these businessmen realized how they still needed one another’s services, due to the small business marketplace. So, through the mediation process, they were able to resolve the issue and preserve their personal relationship. They entered into a new acceptable contract and the matter was closed and case withdrawn. Both the parties and their attorneys were surprised that the matter was able to be resolved without further court intervention.
Why Mediate?
The mediator’s role and function is to keep the process fair and balanced, while facilitating settlement discussions in a manner that is confidential and keeps the parties in control of the outcome. Not all cases are suitable for mediation, but a vast majority are. Mediation does not, and will never replace litigation, that is not the goal of mediation. Mediation is simply another option able to those who many need another way to resolve a contentious matter. So if you want to resolve a simple or complex dispute and save time, money and resources, mediation can be the alternative to litigation that meets your needs.
If you have a specific dispute you would like me to respond to, please use the contact information appearing below and tell me about it.
Stanley Zamor is the 2015-2017 President/CEO of the Florida Academy of Professional Mediators, Inc. (Florida’s first statewide mediation not-for-profit, est. 1988). He is the youngest and first Haitian-American to hold this position. Mr. Zamor is a Florida Supreme Court Certified Circuit Civil/Family/County Mediator/Trainer and Florida Supreme Court Qualified Arbitrator. Mr. Zamor serves on a number of federal and state mediation/arbitration rosters and has a private mediation and ADR consulting company where he mediates/arbitrates, and facilitates workshops. Mr. Zamor travels throughout the state and lectures on a variety of topics from cross-cultural issues, diversity, bullying, Dynamics of Conflicts, Family relationships, socio-legal ethics and dispute resolution.
szamor@effectivemediationconsultants.com
www.LinkedIn.com/in/stanleyzamoradr
(954) 261-8600