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The mediation process generally consists of 5 steps for a successful settlement resolution.
Simply acknowledging there is a dispute and agreeing to explore solutions to end it.
A brief conference call hosted by Steve L. Miller will take place with the parties
(or their representative) to get agreement on:
a . What the issues of the dispute are
b. How much time should be allotted to mediate
c. Which date(s) and/or times will work
d. How the mediators fees/costs will be arranged (e.g. 50/50)
e. Where the mediation will take place
f. Briefs to be provided to mediator/parties
g. Who will be attending
h. Whether a preliminary draft of a Memorandum of Understanding (MOU) should be
i. Any disclosures by the mediator pertaining to possible conflicts of interest
Execution of Mediation/Confidentiality Agreement
a. Initial Joint Session
1. My opening remarks
2. Parties/stakeholder's opportunity to present and communicate their position and
information (subject to time limit)
3. Possible short rebuttal
b. Caucus (parties typically go to separate rooms unless it makes more sense to continue
to work in a joint session environment)
1. During the initial caucus, I will travel and meet with each of the parties privately,
attempting to learn more about their respective positions, interests, and goals.
2. Typically, after the initial caucusing, I will then start to "switch gears" and work to play
Devil's Advocate, with the goal of having the parties consider certain risks that they
may not be aware of, and using a form of "Shuttle Diplomacy" with the end goal of
finding agreeable common ground.
Closing: If common interest can be reached on issue(s), a settlement agreement is entered into reflecting the dispute resolution achievement.
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