Do you want to resolve a conflict or dispute?
Would you like to avoid going to court?
Would external subject matter expertise help?
As conciliators we follow the mediation role and process, while adding subject matter expertise to the discussions where helpful and appropriate for e.g. technical, financial, or legal issues. The expertise we bring to the table may come from us, or from independent external experts that we source. Like mediation, the conciliation process allows all parties to be heard. During the conciliation process we facilitate discussions between the parties in an attempt to explore options for a way forward and come to an agreement that all parties can own.
We believe that going to court with a dispute or conflict does not result in a winner. At best you are compensated and can start again, thereby risking ending up in a similar conflict next time. Conciliation is a cheaper, faster, and less stressful alternative.
Our involvement aims to prevent further escalation of issues by addressing the current situation and underlying needs with a solution focussed collaborative orientation and intent. This approach is especially useful if the parties are likely to meet in some form in the future.
As the client you set the goals and scope of our involvement. Which issues would you like resolved? Which parties would you like to participate in the conciliation process?
We meet with you and other parties as often as is needed to prepare for the conciliation. During these meetings you have the opportunity to ask any questions you have, share your view, and and we can discuss your needs. When you are confident the conciliation is planned. During the conciliation we use a defined process that the conciliator facilitates and where all parties have an opportunity to:
Be heard by the other parties
Talk with the mediator privately
Get expert advice
Suggest possible ways forward
Agree with or reject any suggestions from other parties
Negotiate a way forward
Review any resulting agreement
The Clarity Counts conciliator meets with the initiator (you) for an initial free, confidential, no obligation discovery meeting. This informal meeting may be face to face or by phone. We assess if and how we might be a good match for each other. In this meeting we also discuss the current situation, parties involved, and mutual expectations for the conciliation process in relation to focus, approach, expertise required, duration, fees, and other relevant aspects of our involvement.
Where we both decide to proceed the conciliator has a similar discovery meeting with the other party/parties. If all parties are interested in proceeding we confirm our expectations in a written agreement that all parties sign.
The conciliator will then meet with each party and experts as required to prepare them for the conciliation and answer any queries they may have. When all parties are ready we will arrange a time and venue for the conciliation session that suits everyone.
EXAMPLE CLIENT CHALLENGES
Our mediations typically deal with escalated issues between:
Business client and supplier
Business project stakeholders
Employer and employee
Employer and contractor