Sometimes one party recognises the need for mediation before the dispute has escalated into litigation or arbitration. In these cases Early Intervention is a wise move that prevents the dispute from escalating into an uncomfortable and costly situation.
WHAT IS EARLY INTERVENTION?
Early Intervention is an exploratory process where one party approaches a mediator to discover how best to move forward and prevent their dispute from escalating. The mediator reaches out to the other party and shuttles between the two with the goal of finding out what the major issues are, what the nature of the disagreement is, and what steps are needed to resolve it.
The mediator creates a confidential and safe space between the two parties and comes from a place of total neutrality and independence, with no prejudice towards either party. Like in mediation, this space enables freer communication and avoids the escalation of tensions from differences into a dispute or conflict. Importantly, you always have the freedom to stop.
Sometimes, Early Intervention leads to the full mediation process, but mostly it enables you to better understand the other party’s important needs and find a fast solution to resolve potential disputes before they become a problem.
If you employ Early Intervention before trust and communication break down you are more likely to leave with a stronger and lasting commercial relationship, one that is able to deal with difficult disagreements effectively and build a positive relationship for the future.
WHEN IS IT APPROPRIATE?
You can use early intervention at any time, even if only one party is conscious of a problem. It is best to use it well ahead of damaging disputes, litigation and arbitration.
In some cases it can be used in the middle of arbitration as a way to explore alternative avenues and bring the other party towards agreeing to a process of mediation.
THE STEP-BY-STEP PROCESS
Step 1 – One party seeks out the mediator for Early Intervention.
Step 2 – The mediator reaches out to the other party and explores his willingness to commit to Early Intervention Terms.
Step 3 – The mediator shuttles between the two parties discovering the nature of the conflict and organizes a plenary meeting between the parties.
Step 4 – Together you identify the key issues and create a roadmap for how best to move forward.
Step 5 – You reach an agreement on how to avoid the dispute.