Civil Engineering Reference
In-Depth Information
services in lieu of cash
goods/property in part payment
merger/takeover/joint venture
and so on. Be creative - the possibilities are endless. This might be a case
for using the flipchart and doing some brainstorming. There is nothing
to lose and may be everything to gain.
Case study
A consultant's insurance denied liability on a claim which would
have left the consultant bankrupt. The eventual settlement involved
a small payment together with an agreed number of hours' free
consultancy to be called in over a three-year period. The consultant
survived and continued to work with the client long after the agreed
hours had expired.
Better solutions are usually created in mediation because it is free
from the constraints that bind the court/arbitrator/adjudicator.
Chapter 5 in a nutshell
Let the other party tell their story. This is their 'day in court'.
Be informative, not confrontational. The other side must know
your version of the truth.
Hear what the other side have to say. There may be some useful
insights. Even if there are not, they will feel you have listened and
understood what they have said, and their attitude will soften
as a result.
Prepare for and ask questions. This is the opportunity to gather
information that may affect your case.
Turn assumptions into fact.
Do not allow the joint meeting to end until you can say 'Yes' to
the questions 'Do I understand everything about their case?' and
'Do they understand everything about mine?'
The past cannot be changed but in mediation the future is in the
parties' hands.
Don't clothe everything in confidentiality. Be specific about what
is confidential and give the mediator maximum flexibility.
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