Can’t Reach an Agreement on Your Business Matter but Want to Avoid Litigation?
Planning to Partner with Someone in a New Business? Mediation Might Be Right For You.
As attorneys, we are frequently called upon to resolve business disputes. These disputes take many forms including business disagreements, dissolutions, medical practice “divorces,” shareholder disputes and other matters. In some situations, mediation can provide an effective path toward resolution or consensus. This article offers a brief overview of business mediation and highlights how it can be used as a tool to navigate disputes.
What is Mediation?
According to Rachel Moore, JD, Mediator and owner of Moore Mediation Solutions, mediation is a conflict resolution model. A mediator is a neutral facilitator who helps the parties:
- Set up the process
- Identify issues to be addressed
- Gather information
- Brainstorm solutions
- Reality-test ideas
- Create workable solutions
By asking questions designed to de-escalate tension and capture areas of agreement, the mediator facilitates conversation. The mediator complements, but does not replace, a lawyer or financial professional because the mediator is neutral and does not give advice.
How can Mediation Help Healthcare Practitioners, Providers, or Entities?
Partnership Creation
When creating a healthcare partnership, your attorney will give you much information and based on that you will need to make decisions. If needed, a mediator can meet with you and your future partner(s) as you piece together information and make plans. The mediator facilitates the conversation to organize the discussion, take notes for you, and ensure that all voices are heard. If there are areas of disagreement, the mediator is trained to navigate through those areas, de-escalating the tension and guiding you toward agreement.
Workplace Mediation
Within your healthcare practice, you may have employees who are in conflict with one another. If that occurs, both morale and the care your practice provides can suffer. Already wearing both provider and employer hats, the last thing you have the time and energy to do is navigate an interpersonal staff drama.
A mediator helps by coming to your workplace to listen to each person individually – letting them know that they are seen and heard and that their concerns are respected. Next, the mediator meets with all of the employees in the conflict together to help them identify solutions and find ways to move forward productively. The mediator does not take sides or make recommendations but works to facilitate an overall solution. This process helps you retain the employees you have invested in and helps them turn their focus back where it belongs: providing excellent care.
Partnership Dissolution
Sometimes it is time to end a partnership or have one or more partners leave the existing practice. Your attorneys will advise you of your legal rights and responsibilities, but there will still be decisions to make. A mediator uses a structured process to help the partners gather information, discuss ideas, and generate solutions. The mediator can help you reach an agreement on the concrete business terms, such as the financial buyout for a partner who is leaving. The mediator can also help you navigate messaging to staff and clients. The agenda can include anything you need to address in a productive, calm conversation.
On balance, mediation is a tool to not only help resolve differences but to prevent disputes in the future.