27/07/2017
Kevin Thompson, MLM Attorney: "I highly recommend mediation when there's an impasse between a company and a distributor. When both parties are willing, I recommend David Eisenstein. Seriously, I always recommend mediation before litigation. When it comes to choosing mediators, David has that part of the market cornered." The "short" version of David's Blog post, "Five Reasons to Mediate MLM Legal Disputes" follows:
#1--If you are a company owner or executive, and your lawyer says if you file a lawsuit or arbitrate, her firm's fees and costs of transcripts, experts etc. are going to probably run into six figures. Mediation is a one day procedure and costs 10% or less of what it costs to litigate or arbitrate.
#2--Or, you're a supplier to the company or key distributor of the company. Attorneys generally won’t take a direct selling case on a contingency because of its complexities. Mediation is a much less complicated process than either a lawsuit or arbitration. Successful mediations are consummated by a legally enforceable written agreement between both sides.
#3--As legal counsel for the company or the key distributor--you can earn legal fees for the representation of your client at mediation and, if the mediation is successful, you can set your client free to do what they do best...conduct their own business without expending massive amounts of money and negative energy.
#4--At a mediation, both sides get to have their "day in court" without going to court--by getting the opportunity to talk, get "something off their chests" making a resolution between them much more likely.
#5--Mediations are only binding where both sides agree to resolve the dispute--otherwise they are NON-BINDING, confidential, and off-the-record giving each side the option of carrying the litigation further.
