Civil Engineering Reference
In-Depth Information
members of the team will return to work saying that it was a poor
deal.
Accept that history cannot be changed and that commercial deals
mean that everyone can return to generating wealth for the com-
pany rather than continue to spend valuable management time on
pursuing/defending a claim.
Because mediation is a flexible process it would be possible for the 'coal-
face' staff, consultants and experts to have their say on the first ('history')
day and then have a much smaller team negotiate the deal on a second
day, perhaps with a gap between the days to allow what has been said
to be assimilated and positions to be redefined.
8.7
Mediator
Basically the mediator is there to give the parties the best chance of doing
a deal. To do that the mediator should
manage the process efficiently
be clearly independent and even-handed
build a relationship of trust and openness with everyone, but partic-
ularly with the parties
maintain confidentiality so that parties will share sensitive informa-
tion and know that it will not be used to their disadvantage
encourage all parties to tell their story, acknowledging emotion and
giving value to what they say
re-open fractured lines of communication and sometimes help
restore relationships that have been damaged by the dispute
enable parties to tell (and listen to) their version of the truth
help parties move from the past to the future
sensitively test the reality of their positions and help them move from
entrenchment to flexibility, from confrontation to cooperation
help parties focus on the key issues and the commercial realities
inject common sense into situations that have gone beyond the
parties' control
help parties avoid situations where they can potentially lose face
ensure that settlements are realistic and will stick
In the end, though, it is the parties' problem and their solution. The
mediator can give them the best opportunity for doing a deal but it is
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