This process is very similar to the Mediation process except that the negotiation process will be more actively progressed by the input of the experienced legal facilitator.
The Facilitator employs the same skills as a Mediator and shuttles between the parties helping each party understand their own and the other parties’ positions but also explaining the legal implications of the proposed decisions or courses of action.
The Facilitator will assist in providing possible solutions to enable a “win, win” outcome.
Additionally, a facilitator can be the ideal person to have at a meeting of the board, partners or shareholders where you require a shareholder or partnership agreement to be negotiated.
It can also be a valuable tool to negotiate or renegotiate a contract.
Facilitators can also help you analyse and develop internal conflict resolution strategies.
Offering alternative dispute resolution as part of your business or organisation can make a significant difference internally and with your customers. It is also fast becoming to be regarded as an essential part of good corporate governance.