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Mediation Services

The following is an example of the mediation process that I propose to my clients:

Firstly, it is absolutely essential to understand that a mediation process has to be voluntary, it cannot be imposed on any of the party. Parties have to enter into a mediation process on their free will.

PRE-MEDIATION

  • Meeting with each of the parties, on an individual basis in order to have a clear understanding of the issue(s) and to identify the true nature of the conflict. Each party is requested to execute a mediation protocol, which clearly establishes the mediation process, its objectives and the role of the mediator.
  • Following the pre-mediation, it is possible to provide the client a detailed estimation of the mediation cost. A certain number of hours is agreed upon between the mediator and the client, as the case may be, it is only with the express consent of the client that the number of hours may be increased.
  • Where applicable, if more than one mediation session is required, the mediator will develop a mediation schedule with the parties and the mediator will be responsible to ensure that the schedule agreed upon is respected.

For greater clarity, the term client refers to the individual or the entity that will assume the cost of the mediation, which may not necessarily be the parties involved in the mediation process.

MEDIATION

Depending upon the result of the pre-mediation, the mediation itself can take various forms. Usually, the parties to the mediation are asked to expose their concerns and their needs concerning a given dispute. The role of the mediator is to insure that discussions remain respectful to allow a better understanding of the position taken by the other party, whereby and often, communications between the parties are inexistent or extremely difficult. During the mediation process, it is often useful and necessary to hold a caucus with one of the parties, such private and confidential discussions allow the possibility to discuss issues in the absence of the other party and often prevent deadlock situations and facilitate further discussions in view of finding a solution.

When the mediation is successful, the parties will reach an agreement and I would draft such agreement.

HONORARIUM

My hourly rate is $150 for the mediation process. Such honorarium does not include travel fees related to expenses such as airfare, vehicle’s use, meals and lodging, which would be charged at cost or, if applicable, in accordance with the travel policy of your organization.

LOGISTICS

  • The mediation process could be  or held at the client’s office;
  • However, I usually recommend, in cases where required, to hold the mediation process on neutral grounds and in such cases, the cost for renting meeting rooms is not included in my honorarium and would be charged at cost or assumed directly by the client.
  • In most cases, two (2) meeting rooms will be required to allow a confidential caucus between the Mediator and one of the parties, while the other party remains in the other room.
  • Refreshments and hot beverages have generally a positive influence and contributes to some extend to the reaching of settlements. These are at client’s costs.

 

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