Mediation
AN OVERVIEW OF THE MEDIATION PROCESS WITH DOMINIC
Dominic’s mediation process encourages a dialogue between the parties, starting with an understanding of each side’s position regarding the dispute. Dominic’s approach helps parties explore solutions, aiming for an outcome that works for everyone involved. Here’s a brief, general overview of the process (unless the parties have agreed to other rules and procedures, such as those of the American Arbitration Association or other provider):
The parties or their counsel contact Dominic and provide him with information regarding the nature of their dispute, a copy of any agreement or stipulation regarding the mediation and a list of the individuals and their attorneys involved in the dispute. Assuming that the case is appropriate for Dominic, he then undertakes a check for any conflicts of interest and he provides any necessary disclosures to the parties or their counsel along with an engagement agreement to engage Dominic (Resolve Disputes ADR, LLC) to act as a mediator for the parties. Provided that the parties approve the agreement and any disclosures made, upon receipt of a fully signed engagement agreement and fulfillment by the parties of financial obligations required under the agreement, the case is ready to proceed to the next step.
1. Initial Consultation
2. Mediation Communication, Statements, and Preparation
Dominic communicates with the parties or their counsel about the mediation session and written mediation statements. Those statements, submitted to Dominic in advance of the session, can be exchanged between the parties, confidentially (to Dominic only) or a mix of both exchanged and confidential statements. As Dominic seeks to be fully prepared for the mediation, the statements allow him to understand the background facts relating to the dispute, the legal issues involved, and the parties’ respective positions regarding the dispute and potential outcomes should the case not resolve.
Mediation sessions are scheduled either by videoconference or in person with the decision makers for each party in attendance. Dominic facilitates the mediation assisting the parties in communicating effectively and exploring the potential for mutually acceptable solutions.
3. Mediation Sessions
When the parties reach a resolution, Dominic encourages the parties to enter into a written agreement reflecting the terms of the resolution reached before the mediation is concluded.
4. Resolution
The process described above is only an example and can vary by case. If the case is governed by the rules and procedures of an arbitration provider such as the American Arbitration Association then those rules and procedures govern the process.
