Often the resolution of some intensely emotional and traumatic disputes needs to be gradual. While each step of the resolution process is critical, for some people, time is needed between each step to enable a party to process the information obtained and to be ready to reach a final resolution. For those disputes, R3 Resolutions offers an alternative approach to mediation – what we call a “graduated mediation”. This approach is particularly useful in unlitigated matters.
A mediation agreement is entered into at the outset so that confidentiality is ensured for the whole process.
Graduated mediations combine facilitative and evaluative techniques to develop a truly bespoke solution to the resolution of the dispute.
The process commences with the collection of preliminary information about the dispute (either in person or online via the R3 Resolution chatbots).
The mediator, acts as the neutral and impartial third party and then facilitates each step of the resolution as frequently (or infrequently) as required to enable the parties to:
Establish at an early stage the key issues in dispute and what each parties’ needs and positions are;
Identify the information and evidence that each party needs to be in a position to consider those issues and needs. The mediator’s neutrality enables them to raise, in a non-confrontational way, issues and evidence for early consideration, that experience shows are likely to impact the resolution of a dispute.
Agree, and monitor compliance with, a timetable for how information will be gathered and shared. R3 uses, and continues to develop, legal technology to streamline this process, thereby significantly reducing costs.
At a time agreed by the parties, arrange a preliminary conference (in person or online) to ensure that all parties have sufficient information and advice to enable them to consider the final issues to be discussed and make an informed decision on the resolution of the dispute;
Arrange the time and location of the mediation or settlement discussions. For some disputes that can take place in one full day, in other disputes a series of shorter sessions is more suited.