Do I have to?

When someone threatens to see you in court

When someone threatens to see you in court, it’s easy to say, “Bring it on!” In reality it’s not a good move. At Mediated Dispute Solutions, we have recently made a comparison of the cost of going to court with mediation costs and you’d be surprised what starting a small claim will cost. The expense of court fees is only one cost, just think of the time spent fretting, laying awake at night, discussing it with you partner, getting ‘advice’ down the pub. It’s all enveloping and takes over your life. If you are a small business, it can’t help affect the business because you are dealing with the dispute and not getting new business. I’m not just talking time. Goodwill and reputation are the most costly of all the affects.

How about going to a mediator?

What about if your answer was, “How about going to a mediator if you feel that strongly?” It’s a good answer because you are not dismissing the fact the other person has a grievance but you are putting it in perspective and taking it seriously. If you act quickly before you pay the ‘time’ costs it can save you money, reputation and goodwill. So you can continue to do business with the customer you have been in dispute with; because they know you take their concerns seriously.

Engage with the Mediation Process

Mediation is voluntary. Unlike so many other things in life you don’t have to subject yourself to mediation unless you want to. Mediation only really works when all the participants join in and engage with the process. No one can make you go to mediation but if you don’t accept mediation the next stop could be court and there is no escape you either defend your case or accept defeat. Both are expensive. The first can cost much more than the total cost of the claim (if you add the personal, business, good will and reputation costs) the latter, the full cost of the claim and the other parties court costs as well as yours.

Mediation is the only option for Small Business

For small businesses mediation is becoming the only option for small claims if you want to make a stand and not just write off the money in dispute. Even the Court System is offering mediation once you have paid the court application costs. Why not make mediation your first thought and not an afterthought?

One or two closing thoughts and the subjects of business blogs to come…

Telephone mediation has many advantages, mainly because it’s cheap and convenient.

Making commercial decisions is what businesses do, don’t leave it up to a judge.

Confidentiality can save your reputation and can be written into a mediation agreement.

Mediation can help with your communication skills and help you offer a service that recognises communication is key to business – whatever you business.