My Process.
My mediation process is organic. It begins with listening to those involved in the conflict and exploring and uncovering its challenges, possibilities, and opportunities. I don’t have a fixed mediation process; however, the core steps I follow are outlined below.
INITIAL STEP – FREE OF CHARGE – OBLIGATION FREE [15-30 MINS]
During an initial, obligation-free consultation, I will listen to your insights, challenges, and pressures regarding your current conflict. I will then discuss the conflict's background, the individuals involved, its current stage, and the related legal complexities. More importantly, I will explore the possibilities for resolution, your options, and the suitable dispute resolution process.
You might be dealing with conflict in your personal, professional, or business life, or perhaps you are a lawyer seeking the best outcome for your client. In any of these situations, I encourage you to contact me for a no-obligation consultation to explore the best options for yourself, your business, or your client.
SECOND STEP - PARTIES AGREE ON MEDIATION - PRELIMINARY CONFERENCE [60-90 MINS]
This usually serves as the initial step in my mediation process. Most mediations consist of one conference with each party separately. However, in complex multi-party mediations, one party may need to attend several conferences.
I will use this conference to gain a comprehensive understanding of the conflict from the perspectives of both you and your legal representatives. This session will assist me in facilitating the mediation process to achieve the best outcome for you. Therefore, the participation of all decision-makers, including your barrister, in the conference is essential. My experience indicates that the benefits of a preliminary session far outweigh its costs.
During the conference, I will conduct an insightful and critical exploration of the emotional connections related to the conflict, the legal and conflict dynamics between you and the other party, and, more importantly, the business environment in which you operate and how the conflict affects your business.
Critically evaluating the conflict [Nash Trap] in all aspects will bring you confidence and hope of possibilities to be in control of the conflict and discover the opportunities for resolution and payoffs [Nash Equilibrium].
JOINT MEDIATION CONFERENCE OR CONFERENCES
As described above, the process and format of joint conferences are determined in consultation with the parties and their legal representatives.
My strategy for joint conferences is meticulously crafted to tackle the unique challenges presented by each dispute. It considers the complex commercial dimensions of the disagreement, the intense emotional engagement of the stakeholders, and the legal complexities involved.
Often, the process involves iterative negotiations, where I facilitate multiple rounds of discussions, progressively steering towards strategies that discover the opportunities and possibilities in the conflict, where spaces open to better accommodate everyone’s interests.
The process will naturally empower the parties to develop confidence in their and each other’s ability to resolve the conflict and discover new opportunities. Each joint conference is designed to bring parties to an understanding and agreement from which no one has an incentive to deviate. The process will also naturally bring parties together to work toward a common agenda and discover the best mutual response to the conflict.