Mediation
Texas Business Dispute Resolution Attorney
When Mediation is the Path to Resolution
Attorney John McDuff Handles Business and Tax Matters in Austin and Central Texas
Alternative dispute resolution (ADR) has been much heralded as a way to contain the costs and risks in litigation. Resolving legal disputes without a trial allows individuals and businesses to remain in control as they craft unique customized legal solutions. Rather than entrust a high-stakes conflict to a judge or jury for a winner-take-all decision, participants in mediation have the opportunity to seek the most mutually advantageous resolution.
The Bottom Line: The Client’s Best Interests
At the law offices of John McDuff, Attorney at Law, we instill confidence in clients that their cases can be resolved by the most beneficial route – whether in negotiations, in mediation, in arbitration or in the courtroom. To schedule an appointment, call 512.457.1177 or send an e-mail.
Mediation often does have many benefits for business owners, but it is not a panacea. Many people entertain the notion that mediation offers clear solutions to every dispute, including breach of contract or shareholder disagreements. This is not always the case. Both parties must agree to the outcome of mediation before the matter can be considered resolved.
Built-In Incentive for Success
Mediation inherently has a consequence for failing to reach an agreement: more expense and more risk as you continue the litigation. Thus, both parties have an incentive to reach an agreement.
Sometimes I advise my clients approaching Business Litigation to mediate soon after filing a lawsuit – if the facts are clear, and the case fully understood. Sometimes I advise my clients to wait until discovery has led to an accurate understanding of the probable outcome to their case. Efforts to mediate before a suit is filed are often fruitless.
A Successful Outcome May Simply Be One that Both Parties Can Accept
It is folly to believe that a legal dispute will inevitably end with a “win-win” situation through mediation. Rather, the goal is usually to achieve an outcome that both parties can grudgingly accept.
My clients, however, understand the importance of retaining autonomy in mediation, and not giving it to the mediator. When I represent business people in mediation, they are kept fully aware of the unique role of each person in the conference room. As advocate, I watch out for my client’s best interests in all aspects and phases of a mediated settlement.
To learn more about how John McDuff, Attorney at Law, can assist you and your business through representation in mediation, schedule an appointment with Mr. McDuff by calling 512.457.1177 or e-mail the law firm for a prompt response.
The quality of my work as a lawyer is well recognized by my clients, and I have received the AV rating* under Martindale-Hubbell’s peer review rating system.
My clients are predominantly from Austin and Central Texas, and occasionally from other states.
*AV, BV and CV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.
Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories - legal ability and general ethical standards.
