The required services must include a series of process phases, but are not limited to the following
Phase 1—Pre-session preparation
- Assess appropriateness for an ADR process
- Understanding the general nature of the conflict
- Meeting and learning about the individual characteristics of the parties in order to best structure a process that is comfortable to all parties
- Establishing an understanding as to what each party wishes to resolve
- Setting a date and time of joint first session
Phase 2—Introducing the process
- Outlines expectations, process and possible agenda
- Explains guidelines and roles
- Assesses readiness to proceed
- provides opportunity for parties to tell their story
Phase 3—Exploring issues/interest and generating options
- Facilitate communication and understanding
- Helps parties generate complete information and better understanding of what is important to build common ground and move from positions to interests
- Identify common ground and key interests/priorities
- Clarify assumptions
- Generate possible options and verify feasibility of these options
- Detail steps for implementation
- Assess the Best Alternative to a Negotiated Agreement (BATNA)
Phase 4—Reaching Agreement
- Assists the parties to consider in sufficient detail the durability of any agreement
- Assists in articulating in written fashion the agreement/option they have reached
- Defines the final terms of the chosen option
- Determine the basis and plan for evaluation
- Rationale for inability to conclude matter (if applicable)
