BUSINESS MEDIATION PROCEDURAL STEPS

Consent to join Mediation (by Defendant)

On receipt of the invitation of the Dispute Resolution Forum or Plaintiff directly to join Mediation Process, the defendant can accept it or reject it. The defendant can accept it right away using the Accept Button in the email editor.

Choice of Mediation Forum/Selection of Mediator

If the dispute does not involve enough money or an important enough issue to justify a large expenditure on dispute resolution, it's usually better to choose someone who is an expert in dispute resolution, rather than an expert in the subject matter. An expert in dispute resolution does not decide who is "right," but instead helps the parties reach an agreement.

Pre-Mediation Calls

Mediator on getting the consent of the parties to mediate the case, will summon all parties to a meeting prior to the Mediation.

Mediator would schedule the time and date upon the convenience of the parties and finalize the commencement of the mediation. The Mediator may even set a deadline for the conclusion of mediation and may specify a certain number of days to reach a solution or conclude Mediation.

Over to Pre-mediation video conferencing.

Mediation

Mediation is not a hearing or arbitration. ... Rather, the mediator helps the parties to agree to a compromised settlement.

The Process calls for:

• The decision makers (parties to the dispute) must participate
• The important documents must be digitally (physically) present
• Be right, but only to a point
• Build a deal
• Treat the other party (opponent) with respect
• Be Persuasive and collaborative in attitude

Post Mediation – Amendments if any

If any party to the dispute have any difference of opinion on the outcome of the Mediation, they can seek some amendments before an Agreement framework gets prepared.

Agreement

Also known as Mediation Agreements, Settlement Agreements, Mediated Settlement Agreements, Memoranda of Understanding, Notes of Understanding or just The Agreement/ Agreement. Whatever we call it, this is the document which sets out the nature and terms of the agreement reached by the parties.

The legal status of a Mediated Agreement depends on:

• Type of Process
• Intention of Parties

Court related mediation will often result in a binding outcome whereas mediation independent of any other process will be as legally binding as the parties want it to be. The parties can agree for lawyers to be present at the conclusion of the Mediation so that the agreement can be appropriately drafted and witnessed to be a binding contract.