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The advantages and potential drawbacks to mediation

On Behalf of | Jul 20, 2018 | Business Litigation

Business litigation can arise a number of different contexts. For example, a Henderson, Nevada, business might have a dispute with their property insurer over a claim for damages to their building. In other cases, a title insurance issue, such as something involving a boundary dispute, water rights or the like, may spark litigation.

There are also more run-of-the mill contract disputes or business torts that a Nevada company may need to resolve and resolve quickly.

Mediation is usually an option for resolving these sorts of disputes, oftentimes without a protracted discovery and litigation process. The beauty of mediation, both in the world of insurance claims and more generally, is that it gives both sides the option of resolving their disputes on terms with which they both can live, even if it is not the ideal result for either party. Moreover, it saves time and money.

Moreover, as the process is confidential, no one has to worry about a failed mediation coming back to torpedo their interests in a trial down the road.

Aside from the fact that mediations don’t always work and will always involve some compromise, there are two potential drawbacks to the process that business owners in the Las Vegas area should take note of.

For one, it is important that the parties have the right mediator, as the wrong mediator can give one side or the other the impression that the deck is stacked against them from the start. Moreover, for businesses that are not involved in litigation often, they may need help understanding the process in order to avoid feeling lost. An attorney can be helpful in these situations.

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