The Resolve Process
Here’s a simple, step-by-step breakdown of our process of Mediation:
- Parties agree to mediate and meet the mediator (preferably with their legal counsels). If one of the parties is reluctant, Resolve tries to get that party to buy into the process.
- Once all parties agree to come to mediation, the mediator explains the entire process, putting an agenda and issues in place.
- This takes place between the parties and the mediator, separately if necessary. Parties narrate their perspectives and the legal counsel may add in their legal perspectives.
- The mediator meets with the individual parties to understand their needs, concerns, goals and priorities.
- Meetings that take place between the parties and the mediator separately are confidential, where necessary.
- The mediator encourages and facilitates dialogue and helps the parties put across their point of views, concerns and needs with clarity.
- Identifying the Problem
- The mediator helps the parties to reach common ground after having analyzed the problem.
- The mediator helps in clarifying the core issues of the dispute.
- The Mediation:
- The mediator helps the parties negotiate the core issues. The mediator remains neutral throughout the negotiation.
- The mediator may give various solutions that may resolve the dispute between the parties. The parties can then negotiate and analyze the pros and cons of the same for themselves.
- Settlement and Authentication:
- Through the process of mediation, the mediator helps the parties find a settlement that is mutually acceptable.
- Once the parties have reached a settlement, a written memorandum is prepared by the legal counsels of both the parties with the assistance of the mediator.
- This memorandum of settlement once finalised, is signed by the mediator.