Business & Investment Disputes

Mediation can be an effective way to settle a variety of business and investment disputes.  It is a voluntary process that enables disputing parties to come together and discuss the issue in a controlled environment.  A third-party neutral facilitates the discussions and spends time speaking to each side individually and as a group.  The goal is to find a solution that works for both sides, and ideally allows a relationship to continue once the Utah business dispute is settled.

During the mediation session(s), the mediator caucuses with each party to ask questions and gather information that allows him or her to better understand the issue.  In most cases, the mediator already has a keen understanding of the industry but must work to understand the positions of each side. It is essential he or she understands the critical issues affecting the dispute in order to keep things moving forward and to enable progress toward a resolution.

If mediation does not produce an agreed-upon resolution with which both sides are satisfied, there is no obligation to accept or abide by a settlement.  They are free to pursue another form of alternative dispute resolution or can take the matter to court.  In some business and investment cases, the FINRA arbitration proceeding would be the next step.

If you are involved in a dispute in Utah and would like to speak to someone about the best way to resolve it, James Cannon can help.  Contact him at 801.514.6983 or by email at jecannon41@hotmail.com.

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