Mediation & Arbitration
Helping you reach a satisfactory resolution
If two businesses or other entities cannot come to a satisfactory agreement after having a dispute, they will often consult a neutral third party to assist in the process of reaching a compromise. At Bottaro, Kubin & Yocum, P.C. we provide mediation services to businesses in Wyandotte County, Jackson County, Kansas City, and surrounding areas. Because our business litigation firm has represented plaintiffs and defendants, our trained mediators have the experience to understand both sides of most legal issues. Contact us today to discuss your business or commercial litigation concerns.
Business & Commercial Mediation
Mediation is an available option when two parties in a business relationship have a dispute and are unable to arrive at a mutually acceptable agreement. In such a cases, the disputing parties bring in a third party – a mediator – who helps them reach a fair agreement. Mediation helps businesses avoid resorting to commercial or business litigation.
A mediator can serve several purposes in a business or commercial dispute. Often, it is simply a matter of clearly defining the dispute in order to arrive at a solution that is acceptable to all parties. This is, surprisingly, one of the most common reasons that businesses seek out a mediator. When business disputes become heated, the parties in question can sometimes lose sight of their original objectives. It is the job of the mediator to bring the issue back into focus in a neutral and unbiased manner.
If the business dispute is likely to cause continued disagreement due to irreconcilable differences, the mediator can serve as an ongoing commercial and business litigation consultant who oversees interaction and communication between the disputing parties. The ultimate goal of a mediator is to enable two disputing parties to come to an agreement on their own without going to court.
The legal team at Bottaro, Kubin & Yocum, P.C. has been trained to resolve business disputes through mediation. We provide commercial and business litigation services in Jackson County, Missouri, Wyandotte County, Kansas, Johnson County, Kansas and other neighboring counties. Our mediators adhere to a strict code of ethics that ensures a neutral stance on all issues, the confidential treatment of both parties’ information, and full participation throughout the process of dispute resolution. Our lawyers are also experienced in representing parties in mediation.
If two parties cannot settle a business dispute on their own, even after receiving the input of a mediator, they may seek out-of-court arbitration services. Arbitration is similar to mediation with our Jackson and Wyandotte County-area team in that it also involves seeking the help of an impartial third party. However, in this case, the third party determines the final outcome of the dispute rather than helping the parties do so on their own. This third party, referred to as the “neutral” party, arrives at a legal decision in favor of one of the disputing parties based on the evidence, testimonies, and legal briefs presented. Businesses, consumers, and even government departments regularly use arbitration to settle their commercial and business litigation disputes, and the process is generally quite successful.
Most arbitration is sought as a result of a pre-dispute contract signed by the disputing parties that states that, should a dispute arise, it will be settled outside of court. Arbitration is also frequently the preferred course of action for settling construction, real estate, and labor and employment disputes because it is generally faster and less expensive than pursuing litigation in court. The arbitration process also has the advantage of being more private and flexible than in-court proceedings.
Our firm serves as counsel for businesses that need representation in an arbitration in Kansas City, Jackson and Wyandotte County, and surrounding areas. We can help you resolve your commercial or business litigation.
Other Business Disputes
Our firm has had success in “piercing the corporate veil.” That is to say, we can help when a corporation incurs a debt or other liability to a person or company and then claims to be unable to pay the debt. In certain commercial or business disputes, the law allows the creditor to collect a judgment from those who own or control the debtor corporation. Typically, we must show that the owners or shareholders of the company used the corporation’s assets improperly and for the benefit of the owner or shareholder. These cases can be complicated, so it is important to seek the advice of a business litigation lawyer as early as possible when there is a suspicion that the corporation is being misused to take advantage of one of its creditors.
Contact a Business Litigation Lawyer
If your business is in need of mediation or arbitration in Jackson and Wyandotte County or anywhere in the Kansas City vicinity, contact Bottaro, Kubin & Yocum, P.C. to work with an experienced business litigation attorney today.