When two companies find themselves in a dispute — over a contract, a partnership, a real estate transaction, or a technology agreement — the instinct is often to call litigation counsel and prepare for battle. But for companies with an ongoing relationship, or companies that simply cannot afford years of distraction and expense, litigation is often the worst available option.
Commercial mediation offers a fundamentally better path for most business disputes. Here’s why.
Litigation is public, slow, and expensive. A complex commercial case can take three to seven years to reach trial, with discovery costs alone running into the hundreds of thousands of dollars. And at the end of that process, a judge or jury — with no knowledge of your industry, your contracts, or your business relationships — makes a binary decision that leaves one side feeling wronged.
Mediation is private, fast, and flexible. Most commercial mediations are completed in a single day. The outcome is in the parties’ hands. And because the process is confidential, neither side’s business reputation is exposed to public scrutiny.
For companies that need to continue doing business together — as vendor and customer, as franchisor and franchisee, as joint venture partners — the adversarial dynamic of litigation can permanently damage a relationship that has real economic value. Mediation allows the parties to address the underlying dispute while preserving the possibility of a continued relationship.
Mark requests mediation briefs from each party in advance, typically 5–10 pages outlining the key facts, legal issues, and settlement history. He reviews all materials carefully before the session and may conduct pre-mediation calls with counsel to understand the dynamics and identify potential settlement frameworks. His 40+ years of commercial litigation experience means he understands complex business disputes from every angle.
To discuss scheduling a commercial mediation with Mark, contact his office at (214) 641-9916 or mark@markshank.com.
Note: This article was prepared for general informational purposes and does not constitute legal advice. Readers should consult qualified counsel regarding their specific circumstances.
