The Intercompany
Mediation Approach

Finding the building blocks for resolution

A coherent process is essential to the success of any mediation. Without one, it's easy to get side-tracked from the real issues. A structured process also allows the participants to reach consensus from the outset on the problems they're trying to resolve.

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Rather than sticking rigidly to the narrow framework of the legal issues in a court claim, my process focuses on unearthing the root causes of a dispute -  understanding what’s really at stake and understanding how any settlement will have to fit in with other agreements and business relationships.

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Depending on the circumstances of your dispute, that can take some time. But for pragmatic business leaders who want to achieve genuine closure while creating something of value, it’s time well spent.

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Experience has taught me that real resolution can only be reached when you substitute needs and interests for positions. When you go beyond narrow discussion of the relative merits of the participants’ legal cases.

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What happens when parties fixate on their positions? The other participant becomes part of the problem. But when we delve deeper and look behind those positions, we can find interests. And by shifting the focus onto interests, it’s easier to find shared interests – the building blocks for resolution.