Civil Engineering Reference
In-Depth Information
CHAPTER EIGHT
Roles in Mediation (Who Does What?)
This chapter looks at the roles of the main players in a mediation in more
depth than elsewhere and pulls together much of what has been said
in previous chapters. For the mediation process to be used to optimum
benefit everyone needs to know their role and what is expected of them
on the day. On the party side the key players are
client (decision maker)
legal advisor
and possibly
counsel
expert
consultants
support staff ('coal-face')
plus
mediator
assistant
or possibly
co-mediator
8.1
Client
The decision maker's role is to negotiate the deal. To do this s/he must:
Come with maximum authority. Ideally full authority to settle (that
is, up to the full value of the claim/down to the offer currently on
the table) but realistically authority is likely to be limited. If it is, then
there must be a line of communication open to review the limit if this
becomes necessary.
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