Confidential facilitated negotiation
Application
This procedure applies where parties agree to refer a dispute to mediation. It may be used before proceedings, during arbitration or litigation, or as part of a staged dispute-resolution clause.
Appointment
A mediator is appointed after conflict checks and confirmation of availability. The mediator may hold preliminary calls with the parties to agree attendance, timing, confidentiality arrangements and any documents required.
Preparation
Each party may provide a concise position statement and key documents. The mediator may invite a joint issues summary, chronology or settlement position where that would make the session more productive.
Mediation session
The mediation may be held in person, remotely or by hybrid arrangement. The mediator may meet parties together and separately, helping them test risks, explore interests and develop settlement options.
Settlement and confidentiality
Any settlement is recorded in writing and signed by the parties. Communications in the mediation are confidential and without prejudice unless the parties agree otherwise or disclosure is required by law.
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