Business Disputes: Mediation as Value Protection

By Thomas D. White, Sr. Partner

In commercial conflict, “winning” in court can still mean losing money. While litigation drags on, deals stall, teams divert attention, and uncertainty complicates planning. Mediation protects business value by reducing downtime and restoring predictability.

Mediation works particularly well in business settings because many disputes aren’t purely legal. They often stem from unmet expectations, communication breakdowns, shifting market conditions, or differing interpretations of performance. Courts aren’t built to resolve those dynamics. Mediation is.

A mediated agreement can include practical terms a court might never order: revised delivery timelines, partial credits, re-scoped project milestones, extended warranties, vendor substitutions, or rules for future collaboration. It can also create phased solutions—an immediate stabilization plan followed by a longer-term settlement—so operations continue while the dispute is resolved.

Just as importantly, mediation reframes the conversation. Instead of posturing around legal positions, parties make business decisions: What outcome is acceptable given our risks, costs, and priorities? That shift often leads to faster, more durable resolutions that preserve customer relationships and supply chains.

And when business partners need to keep working together, mediation avoids the reputational and relational damage that litigation can inflict. It isn’t just dispute resolution—it’s risk management.