The Road to Achieving Effective Resolution
What is the process?
Intercompany Mediation™ Services has a structured 3-stage process for helping participants achieve effective resolution and arrive at genuine closure.
These are the ‘3 Ps’ of:
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Each stage is a collaborative effort between mediator and participants.
Let’s take a look at what’s involved.
1. Preparation
“By failing to prepare, you are preparing to fail.”
Benjamin Franklin’s famous quote applies just as much to a mediator as it does to the participants in a mediation. Perhaps even more so. Particularly if your goal is to get to the root causes of an issue and understand what’s really at the heart of a dispute that is setting the participants apart. Only once you are there can you hope to lay concrete foundations for a mutually beneficial and lasting resolution.
That’s why my mediation process – although operating initially within pre-defined parameters – is not specifically time bound and can be extended by mutual agreement. It's why my process doesn’t start with the traditional “Opening Session”. It begins earlier – before the participants meet at a neutral venue. Years of advising presidents, CEOs, CTOs, vice-presidents and general managers and leading complex negotiations have taught me how important the discovery stage is. Leading up to the joint meeting, I devote time to understanding the context of the dispute, the business strategy and goals of each company, and the personalities of internal/external key stakeholders. For most disputes, I’ll spend an entire day (sometimes longer) with each participant at their facilities, offices, labs or factories, so I can understand the context that led to the dispute. Not many mediators can offer that same level of commitment. During our one-on-one sessions, together we will: ✔ Work towards achieving consensus on the problem or issues we’re trying to resolve ✔ Look to understand your contemporary business strategy and goals and how the dispute fits in that context ✔ Consider which stakeholders are affected by the issues and whose input should be sought ✔ Examine the evolution of the dispute so you can take stock and look for a 360 degree solution ✔ Capture the areas where there is common ground and get your expectations as to the timescales for resolution ✔ Explore the potential impact on other relationships and how negotiating a solution may affect other agreements ✔ Understand what it would mean for you to resolve the issues in dispute ✔ Reflect on the likely scenarios should you and the other participant(s) be unable to reach agreement
2. Proposition (framework)
Stage 2 is where we first get together, all of us, at a neutral venue. It’s all about the big picture. Working towards reaching an agreement in principle.
How do we get there?
Through a combination of individual and joint sessions (as needed), I’ll help you explore and better understand:
• The points in issue
• The other party’s expectations
• What each side has to offer / gets in return
With careful prompting through intelligent questioning, I’ll help you think about how you might frame a proposal. So you can build a persuasive case that chimes with the other party’s needs and interests.
What’s the format for the day?
That largely depends on what works best for you and the other participant(s). Flexibility is the name of the game. As a facilitative mediator, I’m there to guide you, not make decisions for you, or offer my legal and professional opinions.
I find it helps, however, if we can reach agreement on timelines beforehand. While I understand the desire to conclude matters as soon as possible, if you try to go too fast there’s a risk you may not arrive at the best solution. By contrast, those who are prepared to put the time in are more likely to get things right first time.
Stress-testing different solutions
One thing I warn participants against is falling in love with the first solution that comes along. Often, the best solution will not be the most obvious. But if you settle on the first idea, you may fail to give due consideration to other options and miss out on better solutions.
3. Pledge
Stage 3 is a more dynamic phase. A fun phase – because it's about building a better future for all. It involves the participants coming together for joint sessions and it’s when the negotiation takes place.
Ultimately, it’s how we build towards a signed agreement. Towards achieving the best possible outcome. One that enables you and the other participant(s) to start again with a clean slate or find closure and move on amicably.
Typically, this will involve three interlinked phases:
Exploration
You’ve heard the other party’s proposition. Now it’s time to examine it from all angles and get a better understanding of what’s on offer.
Deliberation
Does everything make sense? Are there points that need to be clarified or expanded upon? It may be helpful to get back around the table for a joint discussion.
Negotiation
Only once you reach an agreement 'in principle' do you begin to negotiate the contract. Not before. This is something many people misunderstand.
Stage 3 of the mediation process is where we turn an agreement ‘in principle’ into an agreement that works. It’s where we iron out the details.
Some of these might be described as ‘minor’ points, but that doesn’t mean they’re unimportant. For instance, there could be a sticking point that seems trivial to you but which matters to the other participant.
If something’s significant to one party, it’s significant to the negotiation. And if it's left unresolved, it could see the whole negotiation collapse.