Commercial & Business Mediation
Experience-Focused
As an experienced commercial litigator in North Carolina, Colleen brings an understanding of complex business disputes, risk analysis, and informed decision-making. Colleen has experience as both an attorney and a mediator in business disputes pending before the NC Business Court as well as the Federal Courts of North Carolina.
Mediation services are available for disputes involving:
- Business ownership disputes;
- Minority ownership rights;
- Derivative actions;
- Non-compete, non-solicitation, and trade secrets;
- Construction disputes
Mediation is a flexible tool, but it is not universally effective at every stage of every commercial case. From the mediator’s perspective, the value of mediation depends heavily on timing, readiness, and purpose. This post offers a neutral analysis of when mediation tends to work best in North Carolina commercial litigation and how counsel can assess whether mediation is likely to be productive.
Commercial mediation is often less about persuading the opposing party and more about preparing one’s own client to make informed decisions in the face of uncertainty. From a mediator’s perspective, preparation - both substantively and procedurally - is a primary determinant of the effectiveness of mediation.
Commercial litigators are accustomed to evaluating risk through the lens of legal merits and damages exposure. Those factors matter in mediation, but they are only part of the analysis. Understanding how to evaluate risk can help parties prepare more effectively for mediation and support better client decision-making. This post offers a practitioner‑neutral view of common categories of risk in North Carolina complex commercial and business disputes.
Commercial litigation is ultimately about decision-making in the face of uncertainty. Even in cases with strong legal positions, outcomes are rarely guaranteed, timelines are difficult to predict, and costs—both financial and operational—continue to accrue. Mediation offers an opportunity to assess and manage those uncertainties in a way that litigation alone cannot. From the mediator’s perspective, commercial mediation is most effective when it is approached as a deliberate component of litigation strategy rather than merely a procedural checkpoint.
