Legal Observer, SoftSettle Support
One of our clients own a garment factory in
Coimbatore, the Manchester of South India. His friend also runs a garment
factory in Tirupur. They have a mutual understanding over their production and
supply and hence they agreed upon manufacturing the brands respectively where
our client does not manufacture what his friend do. They have an established
single brand and their business is almost like a partnership firm. They have
found this is suitable for the success of their business against the
disadvantages or troubles of a partnership firm.
In order to mitigate their risk, we suggested them
to go with some contracts containing the arbitration clauses as the norm or the
main dispute resolution method they can resort to, in case of any dispute arises
so far as their business could always be sensitive. Truly, arbitration can form
a competent dispute resolution method if a dispute over the contract arises,
and although such clauses are extremely useful in some cases and helped many
get on with business as usual after a dispute arises, they are not necessarily
the best in all circumstances.
In this scenario, our client and his friend want
to maintain an ongoing professional as well as personal relationship, we could
propose an argument that mediation is often the best first choice. Mediation
encourages open communication and working together to reach a satisfactory
conclusion to the dispute. For those circumstances in which the
parties want to maintain an on-going professional relation, mediation is often
the best first choice. In fact, for many situations, especially those involving
business partners or contract partners who wish to maintain a positive,
on-going professional relationship, mediation works very well as a prerequisite
to arbitration, and often helps parties involved in a dispute to avoid
arbitration or litigation altogether. Mediation encourages open communication
and working together to reach a satisfactory conclusion to the dispute for all
parties involved and helps ensure that all voices are heard openly in the
exchange. MEDIATOR AFFAIR on the other hand exclusively provides an online
platform so that the friends may not have the inhibitions to disclose their propositions
and suggestions freely which they would have reserved in the presence of their
friends in face to face environment.
My client does have some ill-feelings towards his
friends so far as the later was ill-advised by his family and friend circles to go for
some breach in their understandings or contracts. But he does not want to lose
the relationship with his friend. Arbitration or litigation may harm the
alliances that they have built with strain and pain for years. We could
understand our client’s feelings and we suggested in such situation, especially
those involving business associates or contract partners who wish to maintain a
positive, ongoing professional relationship, online business mediation works is
congenial pre-requisite to arbitration, and often helps parties involved in a
dispute to avoid arbitration or litigation altogether.
Considering the sensible and sensitive state of
these affairs and associations, the disputants would be managing their time and
costs in choosing the online business or mediation. The motivating substances apart
from the cost effectiveness and elimination of time delay, the parties would be
able to negotiate a successful resolution on their own terms, while remaining
complete control of the situation.
If you are in a dispute, consider online
arbitration or online business mediation first before litigation, call us or
visit www.odrsupport.com to consult if
your situation can best be resolved outside the courts.
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