By Marc Empey
The idea of putting a mediation provision into a commercial contract is getting more popular with both businesses and individuals. In this case both sides are required to go to mediation before going to a lawsuit to settle their differences. Some cases could be worked out this way and saved everyone time and money, but it will not work in all cases.
Palm Springs alternative dispute resolution services would be one service that could help with such mediation. Palm Springs Mediation Attorneys could walk you trough the process, or even help you determine if this would be a fit for your company or situation.
How Mediation Works Best
Palm Springs mediation attorneys however, believe mediation works best when it is a voluntary process. People who do not want to go this route are not likely to be happy at the end, and in this case the mediation is likely to fail. Both sides need to be involved and committed to the resolution of the problem through mediation.
What Keeps Mediation from Working
Mediation may also not work because one side may not get what they expect from the resolution. Both sides need to be able to trust the system, and without that, there is little chance for success. If they do not get what they feel is a fair settlement, and they end up in court anyway, there may be resentments from both sides, and both sides may feel unhappy with the result.
It just makes sense that this type mediation will not fit every case, and that is another reason to not include the clause in a contract.