Process Diagnostics, Process Design | Mixed Modes Processes
Our team of experienced facilitators can assist in proposing and guiding the choices of the participants, which may include mediation, co-mediation, arbitration, early evaluation, dispute review boards, joint legal assessment, deal mediation, med-Arb, Arb-med, a team of a mediator with decision maker or substantive expert, conciliation, litigation, etc. Or a combination of such processes.
The aim is to help them design and decide on an optimal process for achieving an early settlement.
1. Process diagnostics
The ADR process facilitator helps the parties and their counsel to first diagnose the disputants’ procedural needs and interests through assessing 8 key drivers. Mundi Mediatores uses these 8 key drivers to help the disputants determine for themselves what type(s) of ADR process(es) are likely to be most appropriate in their case The 8 key drivers are: time, cost, control of process, control of outcome, reputation, relationship, enforcebility, confidentility and can be consulted here [link naar 8 key drivers].
2. Joint discussion on process options
After early case assessment and individually discussing the procedural needs with each party, the facilitator will align the preferences of the participants, and if required, arranges a joint meeting to discuss the optimal process with all parties and their legal counsel, with the aim of aligning and deciding on the most suitable process for the case.
3. Deciding on the process
Based on the results of initial intake meetings to discuss the 8 key drivers, discussions with the parties and the results of any diagnostic tools used (e.g., multiple choice questionnaires and interviews), the ADR process facilitator can suggest a suitable process. This can be an ADR process, or possible ways of combining amicable dispute resolution measures together with any evaluative or adjudicative proceedings. This can range from proposing how specific steps regarding procedural or substantive topics can be addressed and how to bring in a competent and suitable IMI-certified mediator.
4. Fine-tuning the process
For mediation the different types and styles and approaches are discussed, and a non-binding recommendation is made regarding the best type of mediation process (e.g., facilitative, or evaluative on substance, directive or facilitative on process,).