Mediated Negotiation |  |
Contuzzi Mediated Negotiation has been specifically designed for two types of negotiations:
1) dispute resolution for civil cases involving multiple issues or multiple parties
2) complex transactional negotiations for business and other agreements
Why? – Because much more useful information can be safely processed than in a conventional unassisted negotiation, mediation maximizes the parties' control over the use of the information they provide and improves the quality of the decisions they make on whether or not to reach an agreement.
Mediated negotiation is participatory and most effective when those present at the negotiating table have full control over all decisions regarding agreement. Before scheduling a session, all participating parties must agree on who will attend. Each party also provides this information to me by filling out the Negotiation Participants form.
Confidentiality is protected by an Agreement that all parties sign at the beginning of the session, as well as by M.G.L. c.233, sec. 23C. My mediator style is primarily facilitative, but evaluative techniques are available if the parties request them. The standard procedures for each of the two types, described below, can be modified by prior agreement among the parties and the mediator.
Process Descriptions
1) Dispute Resolution
Before the session, each party sends to me and to all other parties a "Case Overview " (three page maximum) summarizing its view of the case and listing the most recent offer and demand. If it so chooses, each party may also send me a “Confidential Memorandum” stating the main reasons why the case has not yet settled and any other useful information it does not want disclosed (two page maximum).
The session normally begins with a Joint Meeting during which all participants are in the room. Each party has 15 minutes to summarize how it views the case, followed by some time for group discussion. Documents supporting each party's view of the case as well as all depositions should be available. You should not bring experts or other witnesses to the negotiation. The time limit and witness restriction are modifiable by prior written agreement (copy to me) among the parties.
The negotiation usually continues with a series of Separate Meetings during which I meet privately with each party or a group of parties to develop and exchange information, discuss strengths and weaknesses in the case, explore mutual gain possibilities, etc. Each Separate Meeting normally concludes with your developing a new settlement proposal for presentation to other participants. A credible deadline helps to settle cases - you should be exchanging serious settlement proposals before then. If an agreement is reached, it is put into brief written form and signed.
2) Transactional negotiations
Before the session, each party sends to me and to other participating parties a list of issues which the negotiation should address, and any issues on which agreement has already been reached. The parties also agree on any documents they would like me to read beforehand.
The session normally begins with a Joint Meeting during which the parties discuss the listed issues. The joint meeting continues as long as progress is being made, but can be suspended by any party which wishes to caucus. It may also be suspended by me if Separate Meetings would be useful to deal with obstacles, discuss confidential information, explore mutual gain possibilities, etc. The joint meeting can be reconvened at any time throughout the day and is normally the meeting format in which the parties exchange formal proposals to each other.
If an agreement is reached, a brief memorandum listing the terms agreed to is normally prepared. The parties jointly determine if they will sign the memorandum (and under what conditions), or identify which party will draft a formal agreement for circulation and signatures later on.
For either process, a majority of negotiations reach agreement using the above procedures. If progress is made but no comprehensive agreement is reached, the parties jointly decide among the following options: 1) ending mediated negotiation; 2) scheduling an additional session or other follow-up; 3) having the mediator prepare a draft agreement incorporating agreed-to terms along with some alternative proposals which the mediator believes will lead to progress on the remaining issues. If the parties decide to use this last option, the mediator will use their confidential responses to the alternative proposals to generate revised proposals until a comprehensive agreement is reached or the parties decide to end mediated negotiation. If the only remaining issue separating the parties is money, the proposal takes the form of a final number.
Tips on how to use these processes effectively.
1) dispute resolution for civil cases involving multiple issues or multiple parties
2) complex transactional negotiations for business and other agreements
Why? – Because much more useful information can be safely processed than in a conventional unassisted negotiation, mediation maximizes the parties' control over the use of the information they provide and improves the quality of the decisions they make on whether or not to reach an agreement.
Mediated negotiation is participatory and most effective when those present at the negotiating table have full control over all decisions regarding agreement. Before scheduling a session, all participating parties must agree on who will attend. Each party also provides this information to me by filling out the Negotiation Participants form.
Confidentiality is protected by an Agreement that all parties sign at the beginning of the session, as well as by M.G.L. c.233, sec. 23C. My mediator style is primarily facilitative, but evaluative techniques are available if the parties request them. The standard procedures for each of the two types, described below, can be modified by prior agreement among the parties and the mediator.
Process Descriptions
1) Dispute Resolution
Before the session, each party sends to me and to all other parties a "Case Overview " (three page maximum) summarizing its view of the case and listing the most recent offer and demand. If it so chooses, each party may also send me a “Confidential Memorandum” stating the main reasons why the case has not yet settled and any other useful information it does not want disclosed (two page maximum).
The session normally begins with a Joint Meeting during which all participants are in the room. Each party has 15 minutes to summarize how it views the case, followed by some time for group discussion. Documents supporting each party's view of the case as well as all depositions should be available. You should not bring experts or other witnesses to the negotiation. The time limit and witness restriction are modifiable by prior written agreement (copy to me) among the parties.
The negotiation usually continues with a series of Separate Meetings during which I meet privately with each party or a group of parties to develop and exchange information, discuss strengths and weaknesses in the case, explore mutual gain possibilities, etc. Each Separate Meeting normally concludes with your developing a new settlement proposal for presentation to other participants. A credible deadline helps to settle cases - you should be exchanging serious settlement proposals before then. If an agreement is reached, it is put into brief written form and signed.
2) Transactional negotiations
Before the session, each party sends to me and to other participating parties a list of issues which the negotiation should address, and any issues on which agreement has already been reached. The parties also agree on any documents they would like me to read beforehand.
The session normally begins with a Joint Meeting during which the parties discuss the listed issues. The joint meeting continues as long as progress is being made, but can be suspended by any party which wishes to caucus. It may also be suspended by me if Separate Meetings would be useful to deal with obstacles, discuss confidential information, explore mutual gain possibilities, etc. The joint meeting can be reconvened at any time throughout the day and is normally the meeting format in which the parties exchange formal proposals to each other.
If an agreement is reached, a brief memorandum listing the terms agreed to is normally prepared. The parties jointly determine if they will sign the memorandum (and under what conditions), or identify which party will draft a formal agreement for circulation and signatures later on.
For either process, a majority of negotiations reach agreement using the above procedures. If progress is made but no comprehensive agreement is reached, the parties jointly decide among the following options: 1) ending mediated negotiation; 2) scheduling an additional session or other follow-up; 3) having the mediator prepare a draft agreement incorporating agreed-to terms along with some alternative proposals which the mediator believes will lead to progress on the remaining issues. If the parties decide to use this last option, the mediator will use their confidential responses to the alternative proposals to generate revised proposals until a comprehensive agreement is reached or the parties decide to end mediated negotiation. If the only remaining issue separating the parties is money, the proposal takes the form of a final number.
Tips on how to use these processes effectively.
