13.4 Commercial/business disputes – Facilitated discussion/mediation

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 commercial/business dispute
• Meeting and learning about the individual characteristics of the participants in order to best structure a process that is comfortable for all
• Understanding what each participant wants to resolve through the commercial/business ADR process
• Explain to participants what they can expect to happen, help prepare participants and set parameters for the joint sessions

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)