Business Dispute Resolutions Through Mediation - What is Mediation?

Mediation is a type of alternative dispute resolution or ADR. You may also see arbitration stated as a form of alternative dispute resolution. Disputes are traditionally fought in court, but litigation is a rough process.
Arbitration is time-consuming, expensive, and can end up looking a lot like arbitration.
Mediation is different from arbitration and litigation in that there is no deciding party like a judge or arbitrator. The benefit of mediation is that it provides a chance for the disputing parties to settle their dispute in a much more cost-effective and efficient manner before jumping to more expensive means of dispute resolution mechanisms.
So, you should almost universally include mediation as a dispute resolution mechanism in your contracts. However, there are instances in which Brett would advise against including mediation provisions in your contracts and certain considerations to make if you decide to do so.
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Brett A. Cenkus has 20+ years of experience in business law, finance, and entrepreneurship. Through Cenkus Law, PC, he provides advice and services for mergers & acquisitions (M&A), securities offerings, founders’ agreements, and other general business law issues.
Through Braaten Woods, LLC, Brett helps business owners in the lower middle market ($2MM - $25MM) position themselves for sale, find buyers, negotiate, and close M&A deals.
Brett also maintains merger-resources.com, a site packed with free articles, videos, checklists, deal diagrams, template contracts, and other tools to help pass M&A knowledge to others.
Brett regularly consults with entrepreneurs and invests his own capital as an angel investor.
From 2010-2013, Brett served as Chief Legal Counsel of a publicly-traded international oilfield services company. From 2001 to 2006, he and a partner founded and built Paragon Residential Mortgage. Bridge Investments acquired Paragon in 2006.
Brett holds a Juris Doctorate from Harvard Law School and a Bachelor of Arts degree in Economics from Messiah College in Grantham, Pennsylvania.
Brett lives in Austin with his wife, Cathryn, and two children. He enjoys reading, squash, classic movies, great food and wine, and the New England Patriots.
#corporatelaw #mergersandaquisitions #businesslaw #corporatelawyer

[@KarimaMuhammadMediator]

Great video Brett. It is good to see an attorney who believes in mediation.

[@BrettCenkus]

Thank you. Yes, it's a great tool for parties that approach it in good faith. I appreciate you watching and commenting!

[@EducatorKay]

Thank was some great information! Thank you!

[@BrettCenkus]

You're welcome!

[@whatmoon1905]

So handy, thank you

[@BrettCenkus]

You're welcome

[@macjacs1]

Once you have an opening statement or presentation ….. is it wise to share that with the parties before mediations starts?

[@carsten7551]

Hi Brett, thank you so much for your video. I have an interview with Alvarez and Marsal with their Disputes team, and this video was very useful. Let me know if I could connect with you on LinkedIn.

[@BrettCenkus]

Carsten, I missed this comment from ... [gulp] ... 2 years ago. I apologize for that. I was then and still am easily found on LinkedIn - www.linkedin.com/in/brettcenkus/