CIVIL AND COMMERCIAL MEDIATION

Pre-Dispute Resolution Mediation

What is a pre-dispute resolution (PDR)?

Pre-dispute resolution addresses a potential problem before it even arises. It provides the means to deal with the potential issue before it becomes an actual dispute. Businesses and other organizations use PDR to avoid the need for ADR (Alternative Dispute Resolution) or costly litigation. Our clients work with our civil service trained Chief Mediator to help identify and anticipate the seeds of possible disputes and divert them before they occur.

How pre-dispute resolution works

Pre-dispute resolution is ideal for council, office, or corporate settings. It resolves issues before they take place in a wide range of situations and helps eliminate the need for conflict resolution in the workplace. Two examples of situations that would be appropriate for PDR are:

• Individuals or companies are working closely together in a way they have not interacted previously; or

• Two teams merge into one with two equal leaders that have divergent cultures and approaches.

For these and similar situations that could benefit from PDR, our process is outlined below.

Our process

1. The Mediator interviews the parties individually in confidence with a signed confidentiality agreement, which is supported by insurance for £10 million in coverage. Through this process the Mediator works with each group to anticipate what and where the potential problems could be in processes or within the relationship.

2. The Mediator meets again with the parties individually to discuss the points as potential problem areas that have been identified during the initial interviews with the other party.

3. Each party then agrees to certain pre-emptory approaches in circumstances that have been anticipated. Then, a joint meeting is convened to put in place mechanisms and responses that are identified as possible situations that could require procedures in place to resolve effectively before they actually occur.

4. An agreement is drawn and signed, removing possible rubbing points before they manifest and are disruptive.

This approach saves time, eliminates litigation costs, and helps maintain harmonious relationships within organizations.

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