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.
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.
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.
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.