Business and Commercial Dispute Mediation

Silverberg Law Firm, LLC is commercial mediation service serving the State of New Jersey and the New York City metropolitan area. Silverberg Law Firm is ideally suited to mediate any form of business or commercial dispute. Lex’s founder, Jay L. Silverberg, is a highly trained professional mediator who also has over 30 years’ experience as a business lawyer. As an attorney, Jay has negotiated countless arrangements, resolved countless disputes, made countless deals, and been involved in countless litigated matters. There are few, if any, highly trained mediators with comparable subject matter legal experience.

The term “business disputes” refers to any type of legal dispute in the business, corporate and commercial world. Business disputes are disruptive, costly, and always entail risk. Outcomes are not guaranteed. In many instances, businesses benefit by resolving disputes quickly and cost-effectively. Business mediation offers a dispute resolution alternative where the parties can reach a mutually acceptable agreement without unnecessary litigation. Mediation offers a means a form of alternative dispute resolution that is ideally suited to meet the needs of businesses for efficient and cost-effective dispute resolution.

Silverberg Law Firm, LLC is commercial mediation service serving the State of New Jersey and the New York City metropolitan area. Silverberg Law Firm is ideally suited to mediate any form of business or commercial dispute. Lex’s founder, Jay L. Silverberg, is a highly trained professional mediator who also has over 30 years’ experience as a business lawyer. As an attorney, Jay has negotiated countless arrangements, resolved countless disputes, made countless deals, and been involved in countless litigated matters. There are few, if any, highly trained mediators with comparable subject matter legal experience.

The term “business disputes” refers to any type of legal dispute in the business, corporate and commercial world. Business disputes are disruptive, costly, and always entail risk. Outcomes are not guaranteed. In many instances, businesses benefit by resolving disputes quickly and cost-effectively. Business mediation offers a dispute resolution alternative where the parties can reach a mutually acceptable agreement without unnecessary litigation. Mediation offers a means a form of alternative dispute resolution that is ideally suited to meet the needs of businesses for efficient and cost-effective dispute resolution.

All Types of Business Disputes Can be Mediated

All types of business disputes can be mediated. Mediation is particularly attractive to businesses because it is fast, confidential, and efficient. Business mediation helps to develop solutions based upon mutual interests rather than adversarial positions. Mediation differs from arbitration in that resolutions are determined by the parties, not an arbitrator. As such, mediation is a collaborative resolution process that allows for true conflict resolution (not just a binding decision).

Business disputes often involve an emotional component. Mediation effectively helps reduce counterproductive emotions by providing a neutral and safe environment for constructive dialogue. In mediation, there is no winner or loser. The parties control the outcome.

Small businesses, which can often ill afford the management distraction, risk, and financial cost of litigation, particularly benefits from opting to mediate significant disputes. Using mediation as a management tool is sensible.

Disputes that can be mediated include, but are not limited to:

  • Disputes between shareholders or partners

    • Disputes over the running or direction of the business
    • Capital contributions
    • Governance issues
    • Dividend pay-outs
    • Exit disputes
    • Succession disputes
  • Disputes between shareholders and employees
  • Disputes with suppliers, customers, or clients
  • Disputes regarding sales of goods, such as alleged late or non-conforming deliveries of goods or allegations of defects in goods.
  • Payment disputes
  • Franchise-related disputes
  • Professional negligence claims
  • Unfair competition and other business tort claims
  • Unauthorized use of confidential information, trade secrets, or intellectual property
  • Insurance Claims
  • Claims Relating to a Family Business, such as succession, valuation, and authority
  • Non-Compete Agreements
  • Non-Disclosure Agreements
  • Consumer Contracts
  • Leases and Property related Contracts
  • Intellectual Property Licenses and Contracts
  • Intellectual property claims, such as infringement
  • Employment Agreements
  • Construction contracts
  • Other Real Estate Related Agreements
  • Any other type of business contracts

All Types of Business Disputes Can be Mediated

All types of business disputes can be mediated. Mediation is particularly attractive to businesses because it is fast, confidential, and efficient. Business mediation helps to develop solutions based upon mutual interests rather than adversarial positions. Mediation differs from arbitration in that resolutions are determined by the parties, not an arbitrator. As such, mediation is a collaborative resolution process that allows for true conflict resolution (not just a binding decision).

Business disputes often involve an emotional component. Mediation effectively helps reduce counterproductive emotions by providing a neutral and safe environment for constructive dialogue. In mediation, there is no winner or loser. The parties control the outcome.

Small businesses, which can often ill afford the management distraction, risk, and financial cost of litigation, particularly benefits from opting to mediate significant disputes. Using mediation as a management tool is sensible.

Disputes that can be mediated include, but are not limited to:

  • Disputes between shareholders or partners

    • Disputes over the running or direction of the business
    • Capital contributions
    • Governance issues
    • Dividend pay-outs
    • Exit disputes
    • Succession disputes
  • Disputes between shareholders and employees
  • Disputes with suppliers, customers, or clients
  • Disputes regarding sales of goods, such as alleged late or non-conforming deliveries of goods or allegations of defects in goods.
  • Payment disputes
  • Franchise-related disputes
  • Professional negligence claims
  • Unfair competition and other business tort claims
  • Unauthorized use of confidential information, trade secrets, or intellectual property
  • Insurance Claims
  • Claims Relating to a Family Business, such as succession, valuation, and authority
  • Non-Compete Agreements
  • Non-Disclosure Agreements
  • Consumer Contracts
  • Leases and Property related Contracts
  • Intellectual Property Licenses and Contracts

  • Intellectual property claims, such as infringement

  • Employment Agreements
  • Construction contracts
  • Other Real Estate Related Agreements
  • Any other type of business contracts

Consult With An Experienced New Jersey Divorce And Family Mediator

Mediation is a cost-saving, time-efficient, and effective way to achieve a mutually agreed-upon resolution to civil disputes, while avoiding the time, expense, and risk associated with resolving a dispute in court.

If you believe your legal dispute can benefit from mediation, call Silverberg Law Firm in New Jersey at 201-252-7000, or visit our contact page to schedule a free initial consultation with a knowledgeable and experienced New Jersey Divorce and Family Mediator.

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Mediation is Highly Beneficial to Businesses

Here are a few key benefits of mediating business and contract-related disputes:

  • Commercial Mediation is time-saving and cost-effective.
  • Resolutions may reflect consideration of issues that are not in front of the court and provide for new business arrangements. Commercial mediation allows the parties to structure new business arrangements that are mutually beneficial.
  • Disputing parties can potentially salvage their relationship or end their relationship on a more positive note.
  • Mediation is confidential. The risk of reputational damage and copycat claims are mitigated.
  • Parties get to decide the outcome of their case by agreeing on mutually acceptable terms. When parties have a say in the outcome of their dispute, they are more likely to comply with the agreed terms.
  • Mediation is non-binding, and if at any time any party wants to withdraw from the process, they can do so and file for an alternative remedy.
  • Mediation can preserve or rebuild relationships.

The Role of the Mediator in Business Disputes

Mediators know that there is more at stake than just resolving the dispute at hand. An experienced mediator will adapt their approach to ensure that it is suitable for the matter at hand. The approach can vary from purely facilitating discussions to a more evaluative approach. There are no set means of conducting a mediation. The mediator will listen to both parties to the dispute and facilitate and manage open discussion about the issues in dispute.

Sometimes the mediator will talk to parties separately, in caucus. These sessions help the mediator to flesh out the facts and perhaps facilitate candid discussion and negotiation. Information shared at these sessions is confidential (unless otherwise specifically agreed). The mediator is always neutral and impartial.

A skilled mediator assists parties in problem solving to negotiate an agreement and resolve conflict in a manner that is acceptable to both parties. The mediator may (but does not always) offer suggested solutions. The parties can use the mediation process to consider the various settlement solutions under the guidance of the mediator.

Where continuing the business relationship is necessary or desirable, the mediator can assist the parties in negotiating and agreeing on the way forward. The mediator does not render a decision, give legal advice, or impose a settlement on the parties.

What Services Do We Provide And Why You Should Choose Us?

Silverberg Law Firm LLC is a full-service mediation firm headquartered in Central New Jersey. We have meeting locations available and can provide in person business mediation services throughout the State of New Jersey and the New York City Metropolitan area. We presently conduct all mediations online by Zoom and anticipate continuing to utilize virtual platforms in the future, even after it is possible to meet in person.

Silverberg Law Firm was founded by a seasoned attorney, Jay L. Silverberg, who has more than 30 years of experience in all types of commercial, business, and contract law matters. Mr. Silverberg’s experience as a business, bankruptcy and restructuring lawyer is unique among business mediators. We offer creative solutions and are not afraid of taking on complex disputes.

We provide FREE CONSULTATION to the parties so that the parties can decide if mediation is a good option for them or not. We offer a free thirty-minute introductory Zoom session to parties interested in exploring business mediation in New Jersey.

If you need a commercial mediator in New Jersey or the New York City metropolitan area, contact us now at 201-252-7000 or visit the contact page of our website!

INQUIRE NOW

Mediation is Highly Beneficial to Businesses

Here are a few key benefits of mediating business and contract-related disputes:

  • Commercial Mediation is time-saving and cost-effective.
  • Resolutions may reflect consideration of issues that are not in front of the court and provide for new business arrangements. Commercial mediation allows the parties to structure new business arrangements that are mutually beneficial.
  • Disputing parties can potentially salvage their relationship or end their relationship on a more positive note.
  • Mediation is confidential. The risk of reputational damage and copycat claims are mitigated.
  • Parties get to decide the outcome of their case by agreeing on mutually acceptable terms. When parties have a say in the outcome of their dispute, they are more likely to comply with the agreed terms.
  • Mediation is non-binding, and if at any time any party wants to withdraw from the process, they can do so and file for an alternative remedy.
  • Mediation can preserve or rebuild relationships.

The Role of the Mediator in Business Disputes

Mediators know that there is more at stake than just resolving the dispute at hand. An experienced mediator will adapt their approach to ensure that it is suitable for the matter at hand. The approach can vary from purely facilitating discussions to a more evaluative approach. There are no set means of conducting a mediation. The mediator will listen to both parties to the dispute and facilitate and manage open discussion about the issues in dispute.

Sometimes the mediator will talk to parties separately, in caucus. These sessions help the mediator to flesh out the facts and perhaps facilitate candid discussion and negotiation. Information shared at these sessions is confidential (unless otherwise specifically agreed). The mediator is always neutral and impartial.

A skilled mediator assists parties in problem solving to negotiate an agreement and resolve conflict in a manner that is acceptable to both parties. The mediator may (but does not always) offer suggested solutions. The parties can use the mediation process to consider the various settlement solutions under the guidance of the mediator.

Where continuing the business relationship is necessary or desirable, the mediator can assist the parties in negotiating and agreeing on the way forward. The mediator does not render a decision, give legal advice, or impose a settlement on the parties.

What Services Do We Provide And Why You Should Choose Us?

Silverberg Law Firm LLC is a full-service mediation firm headquartered in Central New Jersey. We have meeting locations available and can provide in person business mediation services throughout the State of New Jersey and the New York City Metropolitan area. We presently conduct all mediations online by Zoom and anticipate continuing to utilize virtual platforms in the future, even after it is possible to meet in person.

Silverberg Law Firm was founded by a seasoned attorney, Jay L. Silverberg, who has more than 30 years of experience in all types of commercial, business, and contract law matters. Mr. Silverberg’s experience as a business, bankruptcy and restructuring lawyer is unique among business mediators. We offer creative solutions and are not afraid of taking on complex disputes.

We provide FREE CONSULTATION to the parties so that the parties can decide if mediation is a good option for them or not. We offer a free thirty-minute introductory Zoom session to parties interested in exploring business mediation in New Jersey.

If you need a commercial mediator in New Jersey or the New York City metropolitan area, contact us now at 201-252-7000 or visit the contact page of our website!

INQUIRE NOW

Case Studies

Business Partner Dispute

Two friends decided to open a restaurant together. Partner one agreed to pay 80% of the set-up costs. Partner two would pay 20% but would work as the manager of the restaurant. Unfortunately, they never specified the set-up amount in the agreement. They also did not define “set-up costs”. After a while, partner one claimed more money from partner two for “set-up” costs. Partner two argued that the money was for marketing and not for set-up and that he was not obligated to contribute towards that.

Neither of the partners had the money to pay for litigation and taking the matter to court would not make any business sense. Their attorneys recommended mediation.

The mediator facilitated discussion between them and managed to clear up the misunderstanding as to what is included under set-up costs. They also agreed on a maximum set-up amount and specified the period for which partner two will work for “free” as a manager before he would receive a salary.

Mediation provided the perfect platform for the partners to reach an agreement, settle the dispute, and allow the business to continue.

Case Studies

Business Partner Dispute

Two friends decided to open a restaurant together. Partner one agreed to pay 80% of the set-up costs. Partner two would pay 20% but would work as the manager of the restaurant. Unfortunately, they never specified the set-up amount in the agreement. They also did not define “set-up costs”. After a while, partner one claimed more money from partner two for “set-up” costs. Partner two argued that the money was for marketing and not for set-up and that he was not obligated to contribute towards that.

Neither of the partners had the money to pay for litigation and taking the matter to court would not make any business sense. Their attorneys recommended mediation.

The mediator facilitated discussion between them and managed to clear up the misunderstanding as to what is included under set-up costs. They also agreed on a maximum set-up amount and specified the period for which partner two will work for “free” as a manager before he would receive a salary.

Mediation provided the perfect platform for the partners to reach an agreement, settle the dispute, and allow the business to continue.

Mediate with Lex

A mediation with Silverberg Law Firm is an efficient way to address any contract dispute. We are presently conducting mediation solely by Zoom. It is hoped that in person sessions will resume by 2022. Call us today at 201-252-7000 to discuss how we can help.