Kedleston Conflict
 Management Services

• An informal and voluntary method of resolving disputes as an alternative to arbitration or litigation.

• Strictly confidential discussions facilitated by a professionally qualified neutral who assists the parties in their good faith effort to resolve their issues.

• Conversations and information exchanged are held in the highest confidence from the intake process through to final disposition of the case. 

• Confidentiality is a condition of the Agreement to Mediate which all parties are required to sign prior to the mediation beginning.

• Costs vary according to the complexity of the case, the number of parties involved, and the length of the mediation.  For mediations lasting one day or less the average cost is $850.

• If, in the opinion of the mediator and the parties, progress is being made towards resolution subsequent sessions can be scheduled.

• Minimizes costs and time delays in resolution of issues.

• Parties to a dispute are in control of the outcome whereas in litigation/arbitration (another alternative to litigation for resolving disputes); a third party makes the final ruling which may or may not be legally binding on the parties.

• There is open, confidential communication one-on-one with the mediator and between the parties which assists in coming to a resolution.

• Rebuilds trust and focuses on the future relationships of the parties whether they be corporate, institutional, educational, or family.

• The mediation agreement is a contract between parties who have agreed to mediate in good faith.

• If the parties wish their agreement to be legally binding, they and/or their attorneys should ensure that their Mediation Agreement (Memorandum of Understanding) is filed with the court that has jurisdiction over their dispute.

• Determine to mediate in good faith.

• Seek the advice of an attorney if you wish to be legally represented at the mediation.

• Determine which individuals you wish to have present at the mediation and confirm their availability for the scheduled time and date...and their willingness to participate under the terms and conditions outlined in the Agreement to Mediate.

• Inform the mediator which individuals will be present at the mediation and make sure they know about any changes in a timely manner.

• Mediation is not a  process of legal discovery but it may help for you to collect all relevant information and documentation that you feel might be of  use in your efforts to resolve the dispute.

• As much as possible, ensure that those who have the authority to make decisions are going to be at the table on the day of the mediation or will be available by phone.

• A strictly confidential environment in which collaboration and open communication are facilitated by the mediator.

• An opportunity to present your view of the issues, to the mediator and the other parties without compromising your legal rights.

• A requirement that prior to any mediation discussion  all parties in the room must sign the Agreement To Mediate which  includes your agreement to negotiate in good faith.  To view a sample click HERE.

• At the beginning of the mediation, an explanation of the ground rules for the mediation and an explanation of the process that will take place.

• At the end of the mediation session, regardless of the outcome, all parties will receive a copy of documents signed including but not limited to the final Mediation Agreement.

• Mediations take place in neutral locations such as office/conference rooms arranged by the mediator, taking into account any special accommodations necessary for any or all participants. 

• provided it is agreeable to all parties and to the mediator an alternative suggested location can be considered.

• The mediator will request that the parties set aside a minimum of 4 hours for the mediation - additional time or session(s) maybe required dependent upon the complexity of the issue(s) and/or the number of participants.