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Mediation of Austin Business Disputes

Business Owners Benefit From Offering Mediation

  • Confidentially resolve disputes between businesses and/or business owners

  • Reduce workplace tensions

  • Unify a team

  • Bring clarity to the beginning, or end, of partnerships, employment, or other relationships

Avoid The Costs and Stress of Litigation
Many legal disputes can be resolved without the trauma of litigation in a facilitated process of listening, responding, and finding compromise.

Business Leaders Benefit From “Clearing the Air”
As a leader, you owe it to your team to consider facilitative mediation as a confidential and efficient way to smooth out the tensions holding back your team.

Mediation of Legal or Non-legal Disputes
Facilitative mediation can help resolve even informal conflicts, in any community.

Virtual Mediations Available

Mediation services are also available remotely. Contact us today to inquire.

The Process of “Facilitative Mediation” For Business Law Disputes

Understanding interests creates true freedom to negotiate positionshere’s how:

01. EXPRESSING

Uninterrupted statements. The opportunity to be heard.

02. LISTENING

Facilitation of a two-way exchange. The opportunity to be understood.

03. CLARIFYING

Mediator helps to clarify interests. The opportunity to ask questions.

04. BRAINSTORMING

Working together to propose solutions. The opportunity to be creative.

05. EVALUATING

Evaluation of options w/objective criteria. The opportunity to respectfully challenge.

06. NEGOTIATING

Mediator led discussion of viable options. The opportunity to reach compromise.

07. RESOLVING

Documentation of the agreement. The opportunity to leave resolved.


More about Mr. Coleman’s Mediation Process


Due to my experience as an entrepreneur and business owner, I have mediated many “business divorce” matters - those where the owners are deadlocked or attempting to exit without resorting to litigation to resolve their dispute.

My particular approach is confidential facilitative mediation, which is a style of mediation that can sometimes be a surprise for attorneys or parties who have only experienced the traditional "evaluative" mediation process. The goal in facilitative mediation is not to simply convince the other party that you are likely to win or lose in litigation. While that kind of signaling may still happen, it is an incidental aspect of facilitative mediation. Instead, facilitative mediation is focused on a process based approach to bringing everyone to the table in hopes of reaching a compromise settlement based on shared interests, not just threats and leverage.

A significant distinction is the amount of time spent together throughout the day, rather than sequestered in separate rooms with the mediator shuttling back and forth. Private sessions with the mediator are important, and still confidential, but I will continually encourage the parties to reopen dialogue when possible. This is the same for virtual mediations; I will encourage the parties to be in the same virtual session, with time of course still taken in breakout rooms for privacy and confidentiality.

It is important that the parties to a facilitative mediation understand the facilitative process and believe in the approach. I believe the process works if the parties truly both want it to, and coupled with my 20+ years as a business lawyer and business owner (in non-legal ventures), I have been able to help people salvage relationships and move forward in tough situations they assumed were going to be a litigated impasse. Sometimes litigation ends up being necessary, but I feel it should be a last resort as it is a blunt tool with the potential for significant collateral damage.

Here are the details about my services:

My fees are $2,000 per party, paid in advance for a single full-day mediation (8 hours), with $500 per hour for time that exceeds the prepaid session. It does not matter to me how the fee is split, if at all, and I leave it to the parties to decide. The fee includes a brief review of position statements the parties submit to me in advance. The mediation location can be virtual via Zoom, or anywhere in Austin where there are adequate rooms available (schedule permitting). My offices in Bee Cave can be used for this purpose as well. Lunch can be ordered at cost, or the parties can bring their own. Sometime parties will use the lunch break to speak with an observer they brought to mediation to help them make decisions (this is permitted so long as they agree to our mediation rules and confidentiality, and to not insert themselves in the process). Travel outside of Austin is considered on a case by case basis, with travel expense reimbursement.

Mediations do not have to be a single 8-hour day; I am able to also facilitate longer duration, multiple session mediations. This can look like several 2-hour virtual sessions, with some one-on-one sessions with each party as needed.

It is important to remember that as a mediator I do not represent either party; legal work (such as dissolving an entity or any other steps to carry out the mediated settlement agreement, if any) will not be a part of what I provide. This is because even though I am a lawyer, I cannot represent either party to a mediation, even after the mediation is over, and including for enforcement of any agreement reached. To be clear, my job when acting as a mediator is solely to help the parties mediate their dispute, not to provide instruction or legal assessment to either party, or any entity involved.

Finally, I cannot guarantee any resolution of the matter. I know that resolution is (hopefully) everyone's goal, and I of course do my best to help parties better understand each other's interests and identify alignment and compromises to the extent possible; but the parties to a mediation, and not the mediator, must stay in control of potential resolution at all times. I do not pressure either party to settle.

To reserve a date, all parties must sign a mediation agreement, and we must receive a non-refundable deposit of 50% of fees. The balance is due 7-days prior to the mediation date itself. Contact us today to inquire.

Confidential mediation services are provided only to parties who are not current or former legal clients.

This website advertises professional legal services and is not intended to provide legal advice or provide advice on how you should choose to resolve a specific problem or dispute; we will not have an attorney-client relationship, and will not take any action on your behalf until we have established a contractual relationship through a signed attorney engagement agreement. Every matter is unique, results cannot be guaranteed, and past performance does not predict future outcomes.