We’ve all heard, “I’m gonna sue you!”
“The courts of this country should not be the places where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried.”
US Supreme Court Justice Sandra Day O’Connor
Everyone in a courtroom is getting paid except you and the other party.
Here are some approaches to manage deals/disputes/conflicts:
What about the remaining 15%? DTM Legal highlights that Mediation enables both parties to understand the case, evaluate strengths & perhaps even agree on dispute aspects. For non-settlements, Mediators may ask permission to remain available to parties as sometimes settlements come after a reflective period. Parties can pursue negotiation, arbitration or litigation in the knowledge that things said or done or any documents created in mediation are ‘without prejudice’ and except in very limited circumstances, cannot be relied upon in subsequent litigation or arbitration.https://www.dtmlegal.com/news/what-happens-when-mediation-fails/
Deal making has unique tensions.
Conflicts and Disputes can be emotional.
Consider approaches below that leave options allowing transitions to other processes without too much pain and loss of control.
Check out this course: https://www.coursera.org/learn/negotiation-skills
“When you employ a dispute resolution approach, ask yourself if it is likely to bring you the satisfaction you are seeking.” -Adeyemi-Akisanya, CEDR-accredit Mediator and SCMA Mediation Advocate & Certified Mediation Advocacy Trainer