Commercial mediation is a form of dispute resolution which involves helping parties to come together to achieve a negotiated settlement. The mediator helps both parties to take control of their decisions, bringing them towards an agreement. Unlike arbitration, or a court judgment, mediation does not decide upon the merits of the case, or give one party the ‘win’, but instead tries to facilitate an agreement between the two. In order to do this successfully, you will need to have a specialist Commercial mediation training which will allow you to gain the skills necessary to negotiate between those involved in the dispute.
Why Choose Commercial Mediation?
Commercial disputes are the most common type of disagreement which requires third party intervention, and more than 90% of these disputes achieve settlement before they go to a court hearing. Direct mediation is often considered the best way to achieve a settlement, and works more effectively than simple negotiation. It can be used as a technique to help change the focus of the dispute from individual parties’ needs to an agreement which satisfies everyone. Unlike legal negotiation, which involves the use of lawyers and can be costly, mediation involves all parties working together to settle the dispute.
What Is In It For The Opposing Parties?
There are several reasons why people choose mediation over other forms of negotiation when they reach an impasse in the dispute. Firstly, parties are able to air their grievances, and have them settled without seeming to lose face. This can be very important when it comes to commercial interests, who don’t want to seem to be in the wrong. Parties are also more likely to accept advice from a disinterested third party, like a mediator, who can make the movement towards an agreement much easier. Lastly, parties are not bound to make an agreement during mediation. Instead, they can walk away without penalty at any point. Surprisingly, this makes it easier to persuade the parties to stay for talks and settlements.
How Can I Train For This?
It is not always easy being the neutral third party in mediation, but you can make it easier with the right training. One of the most important things that you will learn is to develop skills such as listening to the parties, guiding them through the process, and being able to pinpoint exactly what each party needs in order to satisfy them and make them agree to the settlement. For example, you can learn how to be prepared before the first meeting, including reading the written submissions, and viewing the supporting documents. This can help you to understand the dispute before you talk to either party.
Learn to mediate today
You can greatly improve your chances of a career in mediation by taking one of our courses today. Our Commercial mediation training course will allow you to gain the skills you need to help parties reach a successful settlement, so start learning today by sending an online message, or by calling Edwards Mediation Academy at (877) 927-1362 now.