What is Mediation?
Mediation is a flexible process conducted confidentially in which a trained neutral mediator actively assists people and/or organisations to work towards a negotiated agreement of a dispute. Both parties are in ultimate control of the decision to settle and the terms of resolution.
It can be a far more effective - and much cheaper - way of resolving issues than going through the courts.
5 Steps to Mediation
Step 1
DISCUSS: timeline (Never too Early)
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- Propose Mediation to all parties to the dispute (in writing or telephone).
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- Discuss:
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- Date - When the parties would like the mediation to take place?
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- Expertise required from the mediator - Industry or Field.
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- Mediator's availability - Check our online platform CEDR Key or request information from CEDR Client Relationship Associates at adr@cedr.com.
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- Time - A preferred start time for the mediation.
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- Duration - A half mediation day or a full day mediation day. (Fees differ)
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- Format - In person or Virtual (Online).
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- Discuss:
Step 2
AGREE: (ideally 3-6 weeks)
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- Seek/Reach Agreement with all of the parties to the mediation on: date, location, duration, mediator and fee split.
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- Notify the mediation provider.
Step 3
CONFIRM:
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- Confirm mediation booking by contacting provider or notify the mediator.
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- Provide any of the above with the information gathered in Step 1 and Step 2.
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- Confirm deadlines and fees.
Step 4
PREPARE (ideally allow for two weeks):
- Discuss the process with the mediator.
- Schedule Pre-mediation Calls with mediator to discuss process and parties' positions.
- Review and Sign the mediation agreement.
- Prepare/Exchange: mediation documents (e.g., email correspondence, copies of contracts, drawings, diagrams etc…)
- Pay the mediation fee by the deadline provided by the provider in the confirmation email.
- Provide a list of participants to the mediator.
Step 5
ATTEND (on the day):
- Attend the mediation with a participant who has the authority to reach a settlement in good faith on the day.
- Be prepared to sign a Settlement Agreement on the day.