The first attempt when mediation is inquiries is to know disputes and its current status. The next things to know are the facts followed by the negotiations, if any offered. Also it is important to know that why mediation is given importance by the parties. One the information is in hand than template can be used in almost every case.
Generally, mediation can be segmented in 5, where in each stage the mediator need to achieve a task. All these steps lead to the final goal which is to settle the dispute.
Stage One: Convening The Mediation
Organizing Mediation becomes easy if the other party is convinced that mediation is the best solution to settle the dispute as it would not only save cost but will also save ample time. Normally result cannot be guaranteed however it has been observed that in major cases parties involved in the process accept that they saved themselves a lot of time and from lot of hassle which they could have faced.
Result can simply be achieved by creating the willingness for both the parties to come to the table and involve in a discussion.
Stage Two: Opening Session
For Stage two, once the mediation starts the task is to explain the process in details so that both the parties know when to expect from each session. Actions conducted for task completion would include the risk analysis and the amount recovery. Both the parties can be met privately where they can discuss their expectation of what they wish to pay or receive. In many cases these private meetings can turn out to be the decisive. Result which can be achieved from the process of mediation and prospect for settlement. Parties should feel comfortable enough to speak openly with the mediator about their expectation and objectives.
Stage Three: Communication
In this stage the task of the mediator is to explain their position in front of the other party as well as in private to the mediator. Action taken in this stage are series of questions asked by the mediator which helps him to decide what the parties want to do. These type of session require questions which are delicate, skillful conversations as these sessions are much harder than court examinations. RESULT for this stage is gives confidence to parties that their perspective is on the table.
Stage Four: The Negotiation
Mediators start to negotiate with the parties at the right time when they start to repeat. The TASK in this stage is to bargain between the parties. The ACTION taken in these situation force the other party to partially accept whatever which is being offered. As RESULT which is targeted is something flexible yet innovative.
Stage Five: Closure
When the Mediator feels that the settlement is just there in the corner his TASK is to finalize the agreement. The ACTIONS which is taken is the confirmation from both the parties making sure that the agreement will be respected. And the RESULT here was that the settlement between both the parties was made.
You can contact us for any sort of dispute resolution or Trade Dispute Settlement. As your Trade Disputes would be resolved on NO WIN NO FEE basis.