Jennifer Gallagher explains how mediation can help dental practice owners resolve business disputes, succession challenges and partnership disagreements confidentially.
Businesses are all about relationships between the people running them. When there are differences in opinion about direction, succession planning or other difficult conversations needed, it can be tricky working out how best to handle things. Worst case scenario the business relationship is breaking down and the personal relationships are making resolving things much harder for everyone involved. Mediation has been used successfully by separating couples for many years, and can be a useful option in these situations.
Examples of cases where mediation can help are many and varied. It may be a partnership where the behaviour of one partner impacts staff and other partners. It may be someone retiring from the business where it is proving difficult to agree satisfactory terms. Or, it could involve a dispute with a current or former associate or an employee.
How does mediation work?
Mediation is a voluntary, non-court dispute resolution (NCDR) process. A mediator is a neutral person and their job is to facilitate discussion that allows settlement of the dispute. The mediator does not act as a legal advisor or judge. The parties in a mediation can have their own solicitors take part in the process in an advisory capacity. Discussions can take place at mediation on a without prejudice basis and possibilities can be fully explored as the whole process is confidential. By contrast court cases are heard in public and can bring reputational damage for businesses as a consequence.
The mediator will meet the parties individually to find out what is in dispute and what is important to each party that they achieve at mediation. Then the mediator will arrange joint sessions.
The process can be tailored to fit the needs of the parties – it may involve booking a full or half day with lawyers present too and working to get a settlement in that time or there can be shorter more spread out sessions. Most mediators are flexible and can also offer meeting times outside normal business hours – unlike civil courts where there is little choice on date or time with no guarantee the case will actually proceed on the allocated date. Mediations can be scheduled quickly and can fit in with what the clients need in terms of logistics.
What are the benefits?
Using conventional means can be costly and drawn out. There may be serious disruption to the smooth running of the business. Mediation can allow parties an opportunity to have practical, without prejudice discussions. Everything at the mediation is private and particularly where each party involves their own solicitor for advice during the mediation, settlement terms can be agreed far more easily than having the dispute sorted out by a court.
The model for mediation is constantly evolving. Many mediators now have options like involving arbitrators to come in to decide legal points that then allow the mediation to carry on to a conclusion. Often fee packages are offered giving certainty in costs. Outcomes in mediated cases tend to be far better for the parties themselves too – the parties arrive at settlement after discussion rather than settlement being imposed on them from outside by a court.
Alongside our specialist knowledge of dental practices, Thorntons have a team who are experienced in resolving disputes through mediation, and we would be happy to provide advice to anyone in need of assistance. Contact Thorntons on 03330 430350.
This article is sponsored by Thorntons.
