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Executive Mediators are not wedded to any particular mediation style or technique or format or fashion of the moment. In each case, they bring their business experience to bear to assess the situation and the real business needs of the parties, and then proceed to customize the mediation process accordingly to maximize the likelihood of success.
The process is informal. With the mediator, the parties discuss the issues from their own perspectives. After that, the mediator helps the parties to explore areas of possible compromise and to develop a solution that meets all parties’ interests. The mediator may meet with the parties separately for private discussions (called “caucuses”) that might help move the parties toward resolving the dispute or closing the deal.
First and foremost, with very few exceptions, what goes on in mediation is confidential. What is said in mediation cannot be discussed outside of the mediation process unless the parties consent.
Usually, the mediator will first schedule a telephonic conference with the parties to discuss procedures and issues and to identify and obtain any documents that will help the mediator to better understand the substance of the dispute or deal.
To the extent feasible, the mediator will utilize electronic means of communication – audio and video conferencing, email, and internet online dispute resolution programs – in the course of the mediation process. That said, Executive Mediators are seasoned and experienced in international business, and are fully prepared to conduct the mediation, in whole or in part, at any location worldwide to meet the needs of the parties and to help to bring the mediation to a successful conclusion.
The successful mediation should be memorialized by a written agreement prepared and signed by the parties. Executive Mediators do not prepare any documents nor provide legal advice or legal services with respect to any aspect of the mediated dispute or deal.
To optimize the cumulative value and experience of our mediators, we utilize our unique TEAMediation(sm) concept. Each mediation is staffed by a lead mediator whose background and experience are most relevant to the subject matter. The lead mediator may call on other Executive Mediators with special expertise as required to contribute to success in a cost-effective manner to the parties. For example, the lead mediator in an information technology matter may call on one of our tax experts to assist with an issue in that area. If it appears that a particular mediation would benefit by substantial involvement of additional mediator expertise, that will be done with the agreement of all parties to the mediation process.
TEAMediation imposes no additional costs on the parties because there is no duplication of effort among the mediators, and each mediator operates more efficiently within his area of expertise.
Selecting an Executive Mediator
Though parties may mutually agree on the mediator(s) for their matter, more typically that selection will be made at a pre-case administrative conference call with the parties to discuss the nature and scope and subjects to be addressed in the mediation process.
Fees and Costs
Executive Mediator Services charges an administrative fee of one thousand dollars for each mediation. Executive Mediators charge for their services on an hourly basis, ranging from $300 to $500, based on their background and experience. Parties are not charged for any overhead or office or other administrative costs or expenses except out-of-town travel (and related lodging and meals) and any required outside conference facilities, agreed to by the parties in advance.
Parties are equally responsible for payment of all charges unless they agree to some other arrangement among themselves. Parties will be requested to advance funds anticipated to be incurred during the course of the mediation.
Mediator Standards of Conduct
Mediators are not subject to any licensing or other regulatory requirements. Anyone can claim to be a mediator. Private organizations have from time to time promulgated voluntary standards of ethics or conduct for mediators. Among the most stringent and current are the January 2007 Standards of Conduct for Mediators adopted by the New Jersey Association of Professional Mediators, addressing, among other things: Self-Determination, Impartiality, Conflicts of Interest, Competence, Confidentiality, and Quality of the Process. All Executive Mediators adhere to these stringent Standards.