Disputes are commonplace in the commercial world. Whenever you bring two or more human beings together, you are bound to have disagreements over something, and sometimes they can escalate into conflicts that threaten to disrupt the entire operation or end the business relationship. Eventually, every business conflict is resolved; but the question is, how does it get resolved and at what cost?
In some cases, the final resolution to a dispute is that those who are involved part ways. Like a marriage that ends in divorce, they may decide that there are “irreconcilable differences”, and they will no longer be in business together or do business together. In other cases, one party “wins” over the other party, but only after a long and costly legal battle. But this could end up being a “Pyrrhic victory” in which the business relationship is damaged beyond repair.
The ideal way for a business dispute to be resolved is by coming up with a peaceable and workable arrangement that is acceptable for all parties. Everyone should feel like their needs and concerns are being addressed at least to some degree, and the parties should come out feeling like they had a say in the process.
An arrangement like this can be accomplished through effective negotiation; but negotiating successfully can be a major challenge for those who are too close to a situation. Emotions can run high, and this can cloud someone’s judgment and prevent them from seeing the bigger picture. To help parties come to an acceptable agreement, a growing number of individuals and organizations are turning to business mediation.
Business mediation can assist in resolving all types of commercial disputes, including but not limited to:
- Partnership Disputes
- Contract Disputes and Breach of Contract
- Shareholder Disputes
- Violations of Fiduciary Duty or Breach of Fiduciary Duty
- Business to Business Disputes
- Disputes Between Member Owners of a Limited Liability Company (LLC)
- Disputes Between a Company and a Supplier
- Disputes Between a Company and its Customers
- Disputes Involving a Commercial or Business Interest
How does Business Mediation Work?
Mediation is a voluntary process that is facilitated by a neutral, third-party mediator. The mediator gets together with the parties to discuss their differences and guide the conversation toward a resolution that all parties must agree to. The mediator has no authority to impose a resolution on the parties if there is no voluntary, non-coerced agreement.
Mediation can be conducted in-person or remotely via phone, Skype, Zoom, or some other type of video chat. As you might expect, the remote option has been used more frequently during COVID-19 in order to follow proper social distancing in keep everyone safe.
The mediation process is very flexible and customizable to the needs of the parties involved. Sometimes, the mediator meets with all parties at the same time. In other cases, the mediator can speak privately with each party and go back and forth between them, a process known as “caucusing”.
Business mediation can be completed in one session, or it might be necessary to conduct multiple sessions. This all depends on the complexity of the issues involved and how long it takes for parties to arrive at an acceptable agreement. Even if it takes multiple sessions, however, the process is still far less costly than litigation.
The one potential drawback with business mediation is that, because the process is voluntary, there is no guarantee that the parties will reach a resolution. They have every incentive to come to an agreement, and most of the time the process is successful. However, there are times when the parties are simply too far apart to settle their differences without a resolution being imposed by an outside authority.
Business partners and associates who are involved in a legal dispute can derive several benefits from the successful use of mediation:
- The mediation process is private and confidential, and nothing that is discussed is ever made public.
- Business mediation is conducted in a friendly and cooperative setting, increasing the chances of the parties continuing to do business together after the dispute is resolved.
- Mediation provides the opportunity to implement creative solutions or accommodations that would be far less likely to be introduced in a court setting.
- Because all parties must agree to any resolution, they are far more likely to take ownership of and adhere to the agreements that are made.
- As we have talked about earlier, mediation can be done more quickly and at far less cost than going to court.
Turn to AMS for Business Mediation Services
At Advanced Mediation Solutions (AMS), we provide all types of business and commercial mediation. Our mediator, Carmela DeNicola, has several decades of experience working in both small businesses and large organizations. Her in-depth expertise across a wide range of commercial settings allows her clients to benefit from the creative and innovative solutions that she has to offer.
To get started, call our office today at (856) 669-7172 or send us an online message. We look forward to serving you!
The coronavirus pandemic forced the closure of nonessential businesses throughout the country, and these closures remained in effect for several weeks. Even after these businesses reopened, distancing and other safety guidelines were put in place, and many of them were not allowed to open at 100% capacity. This situation has left millions of commercial tenants struggling to pay rent, and many of them are grappling with the question of whether or not they can even stay open.
In most areas of the country, state and local governments put a freeze on tenant evictions at least for the first few months after the shutdowns began. In addition, a special forgivable loan program called the Paycheck Protection Program (PPP) was set up through the Small Business Association (SBA) to help businesses that were struggling.
It has been several months since the pandemic started, and much of the relief that was available to small businesses has come to an end. Many of these businesses are now facing the reality that they can no longer defer paying rent on their location, and there are far fewer resources available to obtain financial help than there were at the beginning of all this. So, if their business is not back to pre-pandemic operational capacity, they are looking at some very difficult days ahead.
For business owners that are in this situation and lease the space in which they operate, the one party that they will most likely need to work something out with is their landlord. Rent is always among the biggest expenses that a commercial tenant has to pay; and coming to a workable arrangement with their landlord could be the one thing that will determine whether or not they will be able to stay open.
Negotiating Commercial Lease Modifications during COVID-19
At this point, a business owner could be several months behind on rent for their commercial space. And although the terms and conditions of leasing agreements vary, in a large number of cases, the landlord will have a legal right to evict a tenant if they do not catch up on rent. The question, however, is should they proceed with an eviction, or is there a better way to handle this?
Looking at the big picture, it is generally in everyone’s best interests to work out an acceptable arrangement rather than having to evict a tenant from their space. Of course, the business owner will most likely want to stay in the same location (if at all possible) in order to maintain some type of stability during these unprecedented times. And if the owner has been a good tenant up until now, the landlord should also want them to stay.
Landlords must also keep in mind that in the current business climate, leasing an empty space might be very difficult. In fact, they could wind up not having the space occupied until the economy recovers, which might not be until sometime next year at the earliest. There is also the issue of the court backlog that has been created by the COVID-19 shutdown and the fact that it will take a lot more time to complete an eviction than it did before the pandemic started.
With all of these factors in play, negotiation is going to be the best option for most landlords and tenants. But this might not be an easy process either. There are a lot of issues to work out, and each side is going to have to be flexible and compromise in some areas. You could hire lawyers to do the negotiation for you, but this could be very costly especially at a time when everyone is being very careful about every dollar they spend.
One of the most preferable ways to resolve a landlord-tenant dispute and/or negotiate a modified lease agreement is through mediation. With mediation, the participants meet with a neutral, third-party mediator whose job is to facilitate a constructive discussion that guides the participants toward a peaceable and workable resolution. The process is entirely voluntary, and no agreement can become legally enforceable unless all participants agree to it.
In many cases, landlords and tenants can use mediation to work out the terms and conditions of a lease at a fraction of the cost of traditional legal methods. And in addition to saving money, participants are more involved in the process, which makes them more likely to take ownership of the results and abide by whatever agreement is ultimately reached.
Contact AMS for Business Mediation that Works for You
If you are involved in a commercial landlord-tenant dispute or any other type of business conflict, Advanced Mediation Solutions (AMS) is here to help. Our business mediator, Carmela DeNicola, has decades of experience working in both the corporate world and with small businesses. Over the years, she has seen virtually every type of dispute that may come up in the commercial realm, and she can often help clients develop innovative and practical solutions that they may not have been aware of on their own.
We are currently offering extended hours to make things easier for those who have had their schedules disrupted by COVID-19, and we can provide either in person or virtual mediation, whatever works best for you.
For a free consultation with a member of our team, message us online or call our office today at (856) 669-7172. We look forward to serving you!
“When you have a conflict, that means that there are truths that have to be addressed on each side of the conflict. And when you have a conflict, then it’s an educational process to try to resolve the conflict. And to resolve that, you have to get people on both sides of the conflict involved so that they can dialogue.” ~ Dolores Huerta
COVID-19 is forcing businesses of all types and sizes to make permanent changes. As much as many of us would like things to go back to “normal”, we are finding out that a lot of the old ways of doing things are not coming back for a while, and some will never come back at all. As a result, business owners are having to confront this realization and make adjustments to their operations based on the “new normal.”
Facemasks, distancing, sanitization, temperature checks, telecommuting, and contactless activity and interaction are some of the common elements of the post COVID-19 world we are living in, and organizations will have to figure out how to incorporate these and other changes into their operations while maintaining optimal productivity and efficiency. Implementing changes like these is sure to create conflicts among business owners, managers and supervisors, and other stakeholders.
We are obviously living in unprecedented times, and this is coupled with the unprecedented stress and stressors that everyone has to deal with. Individuals are already dealing with a lot of personal stress related to COVID-19, and then at the office, they have even more things to worry about. And when they do not see eye to eye with other associates, smaller disagreements and disputes can blow up into full-scale conflicts.
It is important to understand that although the source of a conflict might be the unprecedented global pandemic we are living in, business conflicts themselves are not unusual. In addition, these conflicts can actually become a healthy and constructive element for your business, because they often force you to confront issues that need to be dealt with and changes that need to happen. These issues will surface sooner or later, and it is always best to confront them as early as possible, so you have the time to work through them and implement the best possible solution.
The Keys to Positive Business Conflict Resolution
Conflicts can be constructive for your business, but they can also be destructive. This depends on the mindsets of those involved and how they choose to handle it. For example, a conflict in which there is a diminished level of trust among participants can develop animosities, cause communication to break down, cause other associates to take sides, reduce the exchange of ideas and information, and ultimately cause productivity to suffer.
The first step is for participants is to acknowledge that the cost of a conflict that becomes destructive and uncontrollable is far too high for everyone involved. Hopefully, there is enough goodwill that has been established between the parties over time that they know they all want what is best for the organization. They simply have a different view on how to get from here to there.
With these building blocks in place, the conflict can be resolved constructively and even creatively. When participants trust each other and they are able to engage in open dialogue, they can speak freely and let their ideas flow. This is the environment when it is most likely that they will find common ground and develop innovative solutions, solutions that will often make the organization stronger in the long run.
There are times when constructive and free-flowing dialogue is more difficult to achieve between the parties. Maybe they are just too close to the situation; maybe the parties are listening to different associates who have opposing viewpoints; or maybe they have a vested interest in doing things a certain way; or it could be a combination of these and other factors. When there are roadblocks to constructive dialogue, a third-party view can be very helpful.
One of the best ways for parties to a business conflict to gain a strong outside perspective is through business mediation. With the help of a professional, third-party mediator, participants are often able to get back on track toward a constructive dialogue that results in a win-win resolution.
The mediation process is entirely voluntary, and no agreement can be valid unless all participants agree. This allows participants to work together without the pressure of having to reach an agreement or having one imposed on them. The mediator can also offer a perspective that they would not receive from someone inside the organization, and participants might be made aware for the first time of solutions that others are using successfully to handle changes that have been necessitated by COVID-19, and effectively address any other issues they are dealing with.
AMS is Here When you Need Us
If you are a business or organization that might need some outside help resolving a conflict, AMS is here to serve your needs. Our business mediator Carmela DeNicola has worked in corporate America for several decades, and she has also spent many years owning and operating her own small business. She helped numerous businesses work through the conflicts and challenges created by the Great Recession of 2008, and she has been doing the same for those who are dealing with COVID-19 related difficulties.
We are currently offering extended hours to help accommodate schedule disruptions that have been created by the pandemic, and as the states are in the process of reopening, we can provide either in person or virtual mediation, whatever you are most comfortable with. Our initial consultations are free, and we are available to get started whenever you need us.
Contact us by phone or email for your free consultation. We look forward to serving you!
As we emerge from the COVID-19 crisis and things begin to open back up again, there are sure to be permanent changes to the way we do business. For example, handshakes may no longer be customary, at least for a while anyway. A lot more employees will work from home regularly or exclusively if the business model permits it, and for organizations that must maintain on-site locations, health and safety protocols and workplace cleanliness will be top priorities.
Given the emerging long-term nature of the COVID-19 pandemic, a large percentage of businesses may require an entirely new or modified business model – one that effectively adapts to the changes and makes the best use of their current existing resources: people, technology, and capital.
Here are some ways that an organization’s resources might need to be redeployed in order to adapt to the changes brought about by the coronavirus outbreak:
- People: As we touched on earlier, many organizations will need to rethink the way employees are utilized. A growing number of them will work from home, and because there may be a limited number that work on location, cross-training and multitasking will become all the more important. Another area where things are sure to change is with business meetings. Organizations will hold more meetings virtually as they have been doing during the pandemic, and business travel will most likely be diminished as a result.
- Technology: The best organizational strategies will utilize technology in a way that augments an employee’s job rather than replaces them. Telecommuting and virtual conferences on platforms like Zoom will become the norm, and some businesses will need to use technology to shift over to online sales, online payments for take-out/delivery options, virtual consultations, and other ways they can interact with customers/clients in a socially distanced way.
- Capital: Organizations that have already built a strong technology infrastructure will be ahead of the game, while others will need to deploy capital to get caught up in this area. More resources will also need to be directed toward areas like commercial cleaning, workplace safety, compliance, and minimizing liability exposure.
COVID-19 has hit some industries much harder than others, and these industries will need to implement bolder changes to adapt to a post-coronavirus world. For example, travel and tourism has been decimated by the pandemic, with airports and hotels resembling ghost towns.
To bring people back, airlines, hotels, resorts, and others in the travel and accommodation industry will have to implement numerous protocols to comply with new requirements and show the public that it is safe to use them. Bars, restaurants, and entertainment venues in particular will need to thread the needle between maintaining social distancing and continuing to provide an outstanding customer experience.
Using Mediation to Modify Policies and Procedures and Resolve Disputes
Solving the dilemmas presented by doing business post-COVID-19 will not be an easy task for most organizations. We are in uncharted waters, and there is a lot of uncertainty ahead. There are also sure to be disputes along the way among stakeholders about which direction to go and how best to deploy their resources.
One of the best ways to resolve these issues is through mediation. Mediation has been used very effectively for many years to set up operating agreements, deal with conflicts between partners, employees, or both, and to revise business plans and operating agreements when it makes sense to do so.
Mediation sessions are facilitated by a professional mediator from outside the organization who has no vested interest in the outcome of the proceeding. By receiving an outside perspective, stakeholders often have access to solutions that they may not have been aware of and/or may not have considered because they are too close to the situation.
Now more than ever, businesses that are adjusting their models for COVID-19 need to look for creative solutions that help minimize risk, solve ongoing disputes, and give the organization the flexibility it needs to adapt during this time. Mediation can help accomplish all of these and more, making it one of the best investments an organization can make to help them successfully adapt to a post-pandemic world.
AMS is Here for You
As we all look to adjust to the changes that have been caused by COVID-19, AMS is open and ready to serve your needs. We offer virtual mediation sessions that can be conducted from anywhere you have a telephone or high-speed internet connection, and we have extended our hours during this time to help accommodate schedule disruptions brought about by the coronavirus.
We offer free initial consultations, and we are here for you whenever you are ready to get started. Message us online or contact us by phone to schedule your free consultation.
The coronavirus pandemic has killed tens of thousands of Americans and disrupted every area of our society. In the business community, disruption is the “new normal”, and it is likely to be this way for quite some time.
Nonessential businesses have been forced to temporarily close until we get through the worst of this crisis, and some of those that remain open have seen a spike in business if they sell essential supplies or provide essential services. Whatever industry you are in, there is no business that has not been impacted in some way by COVID-19.
One of numerous things we have realized (or had to pay more attention to) is just how interconnected our economy is. There is a massive supply chain with stakeholders at each link all relying on each other to maintain their viability. And when one part of the supply chain is disrupted, everyone else in the chain is affected.
Take, for example, the restaurant business. When a restaurant that had every expectation of being open and fully operational for the foreseeable future is forced to close, they suddenly have to cancel orders from food suppliers, who in turn have to cancel orders from farmers or wherever they are sourcing their food from. The same holds true for drinks, which often come from vendors who refill their soda machines.
A closed restaurant will also have to furlough their staff, putting countless employees out of work. They may also have a cooler full of food that will either spoil or they will have to give away unless they are able to quickly adapt their model to provide takeout and delivery service.
These financial challenges will make it difficult to pay rent or mortgage payments if they own the building, as well as utilities and other monthly obligations. Consequently, those who count on receiving those payments will take a financial hit. Unfortunately, business interruption insurance policies did not account for a public health emergency like COVID-19, so most business owners are finding out that their insurer is not going to cover them for this pandemic.
How to Resolve COVID-19-Related Business Disputes
Massive disruptions to the normal flow of business have created unprecedented challenges for owners and managers to deal with. In many cases, it is simply impossible to meet contractual obligations from agreements that were signed long before anyone ever imagined that this type of crisis would arise. This has resulted in numerous contract disputes among parties who regularly do business together.
For those involved in a business dispute, legal action is one possible option. But is this really a good way to handle issues that were created by COVID-19? Sure, you might have an ironclad contract and solid legal standing to compel the other party to pay, but is it really a good idea to bring them to court?
Even if the court rules in your favor and you win a monetary judgment for breach of contract, for example, it may not be too easy to collect what you are owed under these circumstances. A business that is closed or operating at a fraction of full capacity is not likely to have ample financial resources on hand to satisfy a legal judgment.
In addition to financial considerations, you need to also take into account the business relationship you have with the other party. If you have a long-standing relationship with someone and they have always fulfilled their contractual obligations in the past, it would most likely be much better for everyone if you try to work with them during this difficult time. And this is where business mediation can be very helpful.
Whether it is a contractual dispute, a dispute over insurance coverage, a dispute over a canceled or rescheduled project, complications from a supply chain disruption, or any other business relationship challenge, mediation can provide a format to resolve the dispute amicably.
With the guidance of a neutral, third-party mediator, mediation participants meet to discuss the issues at hand and work together to come up with a peaceable and practical resolution. The process is entirely voluntary, and no agreement can be valid unless all parties sign onto it. When the process is successful and a resolution is agreed to, participants are able to avoid costly and protracted litigation while preserving important business relationships that will be vital for their success long after the COVID-19 crisis is behind us.
AMS is Here When you Need Us
If you are involved in any type of business dispute arising from the coronavirus pandemic, AMS is here to help. Our business mediator Carmela DeNicola has extensive experience working with organizations of all types and sizes, and she has an in-depth understanding of how businesses operate, the challenges they face, and the best ways to resolve conflicts that may arise. AMS has also provided virtual mediation through teleconferencing and videoconferencing for many years now, and we offer remote sessions and extended hours to help accommodate schedule disruptions that have been caused by COVID-19.
Contact us by phone or email for your free consultation to discuss your needs. We look forward to serving you!