About Mediation
Why it works
Mediation is a process and not a procedure
The difference between a process and a procedure is important in this context. A process can be adjusted to suit the situation and the people. A procedure is a series of actions conducted in a specific order or manner, and failure to adhere to that order can undermine a well-argued case which may be lost on a procedural technicality.
A process is more like a recipe. There are ingredients, a suggested process for assembling those ingredients and an outcome that depends on the skills of the chef. There is no penalty if you substitute ingredients or change the proportions. The result is a different outcome.
How successful the outcome depends in part on the skills and artistry of the ‘chef’.
Confidential
One of the pillars of successful mediation is that people can speak freely without fear of either their words or their behaviour being shared outside the mediation room. There are two levels of confidentiality in mediation: the process and the conversations the parties and their advisers have with the mediator.
Location to Suit the Parties
Jurisdiction is not an issue in where the mediation takes place. Parties can meet anywhere in the world to resolve their disagreements.
Without Prejudice
The ‘without prejudice’ status of a mediation allows the parties to share ideas and build options. The clarity of this status provides certainty that ideas are not received as offers and demands are not conveyed as threats.
Cost Effective
Matters that might take a week or 10 days at trial can be settled in one day. Having the decision makers in the same place at the same time talking about the same thing is priceless.
About Mediation
Process Design
One size doesn’t fit all
Designing the process to fit the people and the problem
Example 1
1 DAY
Includes up to 5 hours preparation, 1 day mediation and reasonable follow-up.
Appropriate for: commercial cases and employment cases
Example 2
Multi-Day
Includes up to 10 hours preparation, half-day mediation to narrow issues, follow-up and further 1 day mediation. Appropriate for: complex commercial cases, multi-party disputes, construction projects and disputes involving interest groups and unions.
Example 3
1 DAY preparation Plus 1 day mediation
Includes up to 10 hours preparation, 1 day mediation and reasonable follow-up.
Appropriate for: commercial cases and employment cases
Example 4
open space
Includes up to 10 hours preparation, 1 day Open Space and 1 day follow-up.
Appropriate for: groups from 6 to 100’s. Suitable for complex problem solving, designing strategy and plans, multi-layered teams and disputes between departments.