The Meat and Potatoes of Commercial Dispute Mediation: According to Sajen’s Honey Badger
When it comes to the mediation of commercial disputes, Honey Badger don’t care about ‘the principle’, Honey Badger don’t care about rights or values, and Honey Badger don’t care about ‘right and wrong’. Honey Badger do know what matters..
If you are about to participate in mediation to resolve a commercial dispute, then you are probably already acquainted with mediation’s many benefits, including: reduced costs, time-efficiency, control over the outcome and reduced stress. You may also be aware that mediation is conducted by an independent third party, in accordance with the terms of a mediation agreement. The mediation agreement stipulates the rules for the conduct of the mediation and manner in which it is to proceed, with a view to ultimately achieving the above benefits.
In Sajen Honey Badger’s experience however, the benefits of mediation in the context of a commercial dispute, are only achieved if the participants appreciate a fundamental truth:
That it is always, only about the money. Even if a resolution doesn’t require the payment of money, ultimately it is the measure of risk reflected in the ongoing dispute which is assessed in terms of money.
The dollar sign is ultimately the only factor for resolution when mediating commercial disputes. Expressing feelings and opinions is redundant. Mediation is not an opportunity to determine who is right or wrong – that’s the role of the court. Tempting as it might be, mediation should not play host to arguments about ‘the principle’, parties’ values (or lack thereof). Mediation is only effective when participants refrain from becoming absorbed in arguments over the merits of their positions. If you are determined to ‘win’ the dispute, prove you are ‘right’, obtain everything to which you are entitled and unwilling to compromise, mediation will probably be a waste of time (and you may as well argue in court).
Commercial disputes can unfortunately extend over many years. They often deeply burden many aspects of the lives of those involved. When these types of disputes understandably start to rouse emotions, we recommend adopting Sajen Honey Badger’s ‘don’t care’ attitude. Try to maintain a rational thought process free from emotions and feelings. Remember that our job is to think rationally for you. Consider mediation as just another forum incidental to being in business, which simply requires your commercial decision. It is in your best interests to explore any genuine opportunity to satisfactorily resolve the dispute that might arise.
Your participation in mediation is ultimately in hope of avoiding the need for the judiciary to determine your dispute. We do like to think you enjoy our company. However, we’ve a sneaking suspicion that, if it can be avoided, being tied up in litigation is not particularly high on your to-do list for the next couple of years. Sajen’s Honey Badger will of course always be ready when you can’t avoid the battlefield that is the courtroom. Regardless, he wants to help you make the most of every opportunity to resolve disputes, such as mediation, before they become courtroom battles. After all, the one thing Honey Badger do care about, is you.