[thelist] Mediating Client Disputes

[Bob Haroche]

> Right now, the only two options I see available are either small claims
> court or the Mafia(joke!). Are there alternatives?


Your subject line says it all. Hire a mediator. A mediator can be anyone who
is knowledgeable in the area of the dispute (in this case, web design). It
also helps if they have experience settling disputes. The idea of mediation
is to help the parties reach a compromise and settle their dispute without
resort to legal action. Typically, the parties split the cost of the
mediation.

You're in LA, right? Call the LA Bar Assoc. and ask for a few referrals of
mediators who might be able to assist in this endeavor. Get copies of the
mediators' CV's and see if their background makes them a good fit for your
dispute.

Try to approach your client with this proposal as non-confrontationally as
possible: "Look you say we screwed up. I can't tell from what you've said
whether that's in fact the case, but I'm happy to sit down with you and a
third party to help resolve our differences." If their amenable, you can
then propose the name(s) of mediators, and let them suggest their own if
they like.

Couple of caveats: (1) Depending on the subject of the dispute and the
experience of the mediator, the mediator's hourly rate can range from $100
to $500 (higher end typically for retired judges for complex disputes; not
what you need). Keep that in mind so as not to spend more in mediation than
the amount of the dispute. (2) Given your client's expressed disappointment
in your work, and the hassle of having them spend a day in mediation, even
if you reach a favorable compromise, be prepared to lose the client
relationship at the end of the day.

I've done quite a bit of mediation in my last profession. Contact me
off-list if you care to discuss.


---------------
Regards,
Bob Haroche
O n P o i n t  S o l u t i o n s
www.OnPointSolutions.com