Going Through Mediation? What You Need to Know

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Civil mediation is a form of dispute resolution that helps two parties resolve a civil lawsuit without going to court. It can save your company time and significant resources, but it is only effective if you understand the process and purpose of mediation. If your company is going through mediation, ensure your business dispute lawyer is there for every step of the process. While you could go through mediation alone, an attorney can ensure your case is accurately represented and that the court-appointed mediator makes the proceedings fair.

When Can Mediation be Initiated?
Mediation can be requested at any time. There are times both parties may agree to mediation before a lawsuit is even filed, while other times it is after the formal complaint is made. Court can demand mediation, while other times one or both parties can request it. If the courts feel your civil case can be resolved without a trial, they may require mediation in hopes you can come to an agreement.

Once mediation is accepted, your business dispute lawyer will file the necessary papers with your county.

The county will then determine which mediation service to appoint for your job, though they may already have a list of approved mediator services on their county website.

Selecting the Mediator for Your Case

Both parties have a say in which mediator is used. They must select a neutral mediator, typically a third party that is an attorney or retired official. The mediator then hears both parties’ arguments, examines their evidence, and works to negotiate an agreement between each party.

Mediation does not have to be done with just one individual. Parties can elect a panel of mediators or a single mediator. A panel, however, is often selected by the courts and the participants are selected at random.

Going thru Mediation

Plaintiffs are responsible for scheduling the mediation appointments. They will select a time and place for the mediation and they must give the other party enough notice to prepare their case. Most mediations are required to be completed within a specified timeframe, which is assigned by the court. You do not have to speak to the mediator directly; instead, your business dispute lawyer will handle all mediation and negotiations on your behalf. You can, however, be present for the mediation.

Mediation is an ideal option for businesses that want to resolve a lawsuit before it goes to court. As long as you have an open mind and you are open to negotiations, you may find you save more money and time with mediation. It is best to discuss the option of mediation with your attorney before deciding it is right for you. While it is advantageous, there are certain situations where mediation is not necessary or going to trial may be in the best interest of your case. Therefore, let your attorney examine the facts and determine if mediation is right for you.

Understanding the Company Name Dispute Process

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A business name is the title in which your business or another business operates under. It is often referred to as a “brand” or “trade” name and in some cases, it could be different than the name registered for legal purposes.

Sometimes businesses have a company name that differs from their legal name because it is more attractive and easier for consumers to recognize. For example, a company may be legally registered as “Brown Chemicals and Pharmaceuticals” but they operate under the company name of “Brooks Supply” instead. That name is more appealing than their legal name – and much easier for consumers to remember.

Using a company name is part of the regular business process. But, if you are using multiple names, you may find yourself open to business disputes.

What Happens if You Have a Business Name Dispute?

Any type of dispute over a company name can cause a serious disruption for your business. Often one of the biggest disputes that occur with company names is the confusion between one operational name and one legal name. If you use the wrong name in a contract, it could render that contract void. Other disputes could include:

• Copyright or Trademark Issues – If your company name comes too close to a copyrighted or trademarked name, you could be sued for infringement of the other company’s protected information.
• False Advertising – Using one name while operating under a separate legal name could be considered false advertising. Such type of lawsuit could result in rewarding damages to the other party.
• Defamation of Character – If you use another company name with the intent of defaming a person’s character or to illicit a negative reaction toward another company, you could face civil and criminal consequences.

The best way to avoid these types of business name disputes is to hire a business dispute lawyer. A dispute lawyer can help you pick a company name that avoids the majority of these common dispute causes, but also makes sure that your use of that name is clear in your contracts.

Do You Need a Business Dispute Lawyer?

If you are being sued or accused of using a company name inappropriately, you need to hire a business dispute lawyer. You can research your options with the guidance of your attorney to help rectify the situation and cause as little disruption as possible to your business.