Distinctions Between Litigation, Arbitration, Mediation and Partnership Coaching
Once a business dispute has developed among partners, they have several options. Litigation is by far the most expensive, time-consuming and destructive. Mediation and partnership coaching have many commonalities. The primary difference is that partnership coaching also leverages the lessons learned during the coaching process to bring the business and relationships to the next level.
|
Litigation |
Arbitration |
Mediation |
Partnership Coaching |
| The goal is to win and, as a result, partners become adversaries | The goal is to win and, as a result, partners become adversaries | Goal is to work together to come to a resolution | Goal is to work together to come to a resolution |
| Decision-making is in the hands of the judge and jury | Decision-making is in the hands of an arbiter | Decision-making stays in the hands of the partners | Decision-making stays in the hands of the partners |
| The dispute is a matter of public record. This can negatively impact business relationships | The dispute is confidential | The dispute is confidential | The dispute is confidential |
| Very long and expensive process | Less extensive than litigation, but still fairly long and expensive | Much shorter and less expensive than litigation | Much shorter and less expensive than litigation |
| Deals mostly with problems from the past. | Deals mostly with problems from the past. | Looks for ways to manage the existing problem. | Looks for ways to manage the existing problem, AND leverages that learning to bring the business to the next level. |
| Does not address the relationship, only property and rights | Does not address the relationship, only property and rights | Addresses the relationship, property and rights | Addresses the relationship, property, rights, AND provides a new perspective which enhances other personal and professional relationships. |
| The judge signs an order which determines rights and property distribution. | The arbiter and the parties sign a document which determines rights and property distribution | The parties create a written document memorializing their agreements. | The parties create a written document memorializing their agreements, AND create a structure to address new issues as they arise. |