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Mediation - Including a Clause in Your Contract
There are definite concerns as to whether or not to put a mediation clause in your contract or not. Basically, what this means is that in the event of a conflict or disagreement, both parties agree to settle through mediation. A third party will come into the picture and try to help the both of you settle the disagreement or dispute. This can be particularly helpful in many different areas. Should you include a mediation clause in your contract? Below are some of the best benefits of doing so. These might help you decide whether it's worth it or not to include the clause. It's Less Expensive: Generally, mediation is less expensive than most other litigation or dispute resolving methods. What essentially happens is that you pay a neutral, third party to come in and help you and the client resolve the situation. The mediator doesn't necessarily side with one or the other, rather than helps both of you find a satisfying solution to the problem that you're having. If you are in some sort of conflict with the client, and you know that you can't afford expensive legal fees to settle it, mediation might be very beneficial to you. It's Faster: Normally, mediation is faster than a typical litigation settlement. It's not strange anymore that it can take up to a year to go to court to settle a dispute. When you hire a mediation company or a mediator, you will settle the dispute quickly so that you and the client can move on and forget about the whole thing. Keeping the Client: If this client that you are having a dispute with is a valuable client, and you still want to work for them, mediation makes it possible. In some cases, you are able to hire a mediator to handle the dispute calmly and in a way that will allow you to keep the client. However, if you sue them, or you go to court, chances are you're not going to be on their 'good list' anymore. They probably won't want you to work for them any longer. If you think that there is a chance of saving the client/work relationship, you might want to consider mediation over typical litigation. Higher Compliance: There is actually a higher compliance rate with mediation because it's completely different from normal litigation. With mediation, both parties are involved in the solution. With typical litigation, the solution is either imposed upon the two parties, or there is very little involvement. The whole point of mediation is to help the parties come up with a sensible solution that they will be happy with. These are some of the reasons that you may want to add a mediation clause to your contract. If you think that you can benefit from adding one of these, or if you've already been through litigation with past clients and want to avoid it, you should consider mediation for your contract.
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