Business Mediation Canberra
If you are based in Canberra and are facing a possible business disagreement that could use the intervention of a skilled mediator reach out to Dipac Business Coaching. We provide some of the most comprehensive and cost-effective business mediation in Canberra.
We can help you save business relationships, save money and potentially save your business while navigating the difficult waters of a corporate conflict.
- Mediation settles over 85% of conflicts without going to court
- Most settlements are reached after only a few sessions
- Mediation is much cheaper than legal action and a solicitor is not required to be present
Conflicts and disagreements are natural occurrences to anyone operating a business in Canberra. They leech time, energy, money and personnel away from the vital day to day operations of a company and can hang over your work like a dark cloud, draining the morale of management and team members.
That's why things like contracts, policies and terms and conditions exist, to avoid misunderstandings, set expectations and navigate around hurt feelings. Sadly, however, no matter how we try to mitigate against disagreements they do happen and when they do, it is important to address and dispense with them as efficiently and with as little impact to the business as possible.
When issues do arise, many companies opt for business mediation as opposed to costly and often acrimonious litigation. Litigation is not only time consuming; it can be absolutely devastating to a business. Often it is only the largest of companies that can withstand the assault a court case can have on the bank account and the demands it places on your time. Mediation offers the chance for two parties to work out differences in a timely, cordial manner.
What is business mediation?
Business mediation is the process by which one or more parties enter into an agreement to hash out differences and resolve conflict outside of a court. This happens with the assistance of an impartial, experienced arbitrator or mediator. You can engage a mediator to assist with conflict resolution between the business and both internal and external stakeholders.
The goal of a mediator is conflict resolution, to encourage settlement and if possible, assist with mending any broken fences. They will ensure that both parties are heard, work towards meeting the needs of everyone concerned and formulate a plan for the implementation of the resolution.
Why is mediation better than court?
There are several reasons why you may want to opt-in for a mediator in Canberra as opposed to going directly to court.
Generally, mediation has the following benefits:
- Less taxing on time
- Allows parties the ability to craft an outcome
- Less chance of damaging relationships
Accessing the legal system is increasingly becoming out of reach for many businesses because of the price tag attached. Cost-wise it may be in the best interest of both parties to engage a mediator rather than a lawyer. Rather than each party spending money on expensive solicitors and having to foot the bill for court costs, a mediator’s fee can be split by everyone involved in the dispute. The savings can be significant and for small to medium-size businesses it could even mean the difference between keeping the doors open and closing shop. The more money spent on resolving a conflict almost has a one to one correlation on how bitter a dispute can be. Reducing cost can be a way of lifting some of the pressure and easing tensions between parties. The strain litigation can place on the wallet can possibly pressure you to make unproductive decisions and leave potentially beneficial outcomes on the table in an effort to rush an end to the situation just for the sake of saving costs.
Less taxing on time
Protracted court cases are unfortunately a feature, not a bug of the legal system. Preparing a case, waiting for a court date, having to wait on a decision by a judge or jury, all of this can add up to months or even years before a dispute is concluded. Not only does this mean you will be spending copious amounts of money trying to resolve the issue, but it will also take attention away from your business and add undue stress to your professional and personal life. You may be gambling with your most precious resource, time, hoping that you can get a positive outcome when none is guaranteed.
The longer a case goes there is also the chance that negative feelings will increase between the parties and the chance of any reconciliation will diminish over time. Losing a valuable business relationship can be as bad as losing money.
Allows parties the ability to craft an outcome
When a case is decided in a Canberra court the outcome is based on the judge and judge alone. You are subject to the court’s interpretation of what the law is and their perception of what is fair. There is no opportunity for input after the judge has made up their mind. There is a good chance that when the decision is finally made there will be a party that feels as if they have “won” and another who feels as if they have come out on the losing end of things. With mediation, both sides can compromise when needed and craft a resolution in which both sides feel is a win/win situation.
This hands-on approach to “working things out” can be both productive and cathartic for everyone and provide valuable business lessons going forward. It allows everyone to have the space to keep an open mind and see things from the other party’s perspective, something a court case simply may not do.
Less chance of damaging relationships
Court cases can create an adversarial environment where one side views themselves as being the “good guy” and the other the “bad guy”. Often what you have are two “good guys” who just disagree. Mediation provides a non-adversarial way to resolve a problem and where possible heal a strained business relationship.
A lot of times conflict arises when a party feels disrespected, not listened to or misunderstood. A mediator will help improve communication between everyone involved while ensuring a fair and reasonable solution to a problem.