Mediation
Overall, mediation entails an attempt by the parties to resolve thei r disputes informally on their own with the assistance of one or more of our formally trained and certified neutrals and impartial third part y experts . The scope of the mediator’s role is advisory in nature by means of offering substantive suggestions. Resolution of the dispute, however, rests with the parties themselves.
By applying the array of uniqu e methodologies and techniques at thei r disposal, The Souffront Group’s mediators assist the parties themselves to explore and identify options and further develop creative solutions that at the outset might not have been as apparent when resorting to a more traditional adversarial process with the eventual aim to reach a mutually satisfactory settlement.
In order to achieve such a settlement, the mediators at The Souffront Group will assist the parties to:
- reduce the hostility between themselves and engage in a meaningful dialogue on the issues at
hand;
- open discussion into areas not previously considered or inadequately developed;
- communicate positions or proposals in understandable or more palatable terms;
- probe and uncover additional facts and the real interests and needs of parties;
- help each party to better understand the other party’s view and evaluation of a particular issue or
position, without violating confidences;
- narrow the issues and each party’s positions, and deflate extreme demands;
- gauge the receptiveness for a proposal or suggestion;
- explore alternatives and search for solutions;
- identify what is truly relevant and important and what is expendable;
- prevent regression or raising of surprise issues; and
- structure a settlement to resolve current problems and future parties’ needs.
Among the benefits to be derived from engaging The Souffront Group are as follows:
- parties are directly engaged in the negotiation of the settlement;
- the mediator, as a neutral third party, can view the dispute objectively and can assist the
parties in exploring alternatives which they might not have considered on their own;
- as mediation can be scheduled at an early stage in the dispute, a settlement can be
reached much more quickly than in litigation or arbitration;
- parties generally save money through reduced legal and opportunity costs and less
management time expended;
- parties enhance the likelihood of continuing their business relationship;
- identify creative solutions or accommodations to the special needs of the parties so they can
become a part of the settlement.
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