MEDIATION FOR BUSINESS PROVEN RESULTS
How Mediation Works
The Mediation Process… what is it? This is one of the most asked questions.
Once all participants agree to mediate and choose a mediator, Roger goes to work for both sides as an independent facilitator. Following is how it all works and what happens.
Preparation for the Mediation Process
Roger takes time to prepare for the mediation process and engage the participants as far as possible before the first mediation meeting, to provide detailed background information that will help Roger understand the nature of the case and give him the ability to objectively and neutrally look at the facts and allegations presented, and the needs of the participants.
While Roger’s role is not to judge, his 27 years of experience allow him to see the strengths and weaknesses of the case for and against.
Neutral Ground
Unlike a trial, mediation is an informal process that takes place at a neutral site, often the mediator’s office suite. So there is no ‘home’ advantage for any of the participants. Each participant can bring a solicitor, a companion, or whoever they wish.
Usually, the fewer people in attendance, the smoother the mediation process. For all sides involved, one person in attendance must have authority to represent and settle the matter in dispute.
The participants will normally begin in a neutral room where Roger presents the rules and procedures he will follow throughout the day. (Roger normally sets this out clearly for the participants and their advisors and speaks to all concerned before the meeting).
The Goal is Settlement
Each participant will then have the opportunity to give an opening statement clarifying their view and position on the case. Each side will also state what they hope to achieve during the mediation.
Participants are encouraged to do more than pay lip-service to the mediation process; If a solution is to be reached all participants should engage with a goal of settlement and knowing that each side will have to make significant concessions.
Negotiation in Mediation
Participants then usually move to separate rooms, and Roger will begin the negotiation stage by talking to one participant or the other.
He usually begins with the party most likely to make an opening offer. Roger will ask open questions that focus on the realities and weaknesses in each party’s case in order to facilitate cooperation and manage expectations.
Successful Mediation Process
In a successful mediation process, it is important for participants and their solicitors to come prepared – they must fully take into account the needs of both sides of the dispute, not just their own.
The Focus of Successful Mediation
Roger strongly believes that the focus of a successful mediation is on needs rather than wants.
All participants want to resolve the issue with all of their desires met; however, this is an unrealistic expectation and Roger works hard to engage the participants in focussing on being able to leave mediation having their needs and those of the other participants met as far as possible without “beating” the other “side”.