Our Process
A collaborative, flexible and confidential path to resolution. The framework can run before or after a dispute and alongside negotiation, mediation, conciliation, adjudication, arbitration or expert determination—always tailored to the case and recorded in a simple process agreement.
Key Principles
Flexibility
You may pause or exit at any time; steps can be adapted by mutual agreement.
Collaboration
We work with all parties to surface interests, generate options and keep momentum.
Party Control
Only the parties decide outcomes; we never impose terms or favour a side.
Confidentiality
Discussions and materials are private and generally inadmissible later, save to enforce a signed agreement.
Informed Participation
Legal and expert input is encouraged. Decisions remain with the parties.
Neutral & Safe
Impartial administration; a safe, respectful environment free of coercion.
Cultural & Language Aware
Bilingual facilitation and regional sensitivity to ensure clarity and trust.
Efficient & Proportionate
Right‑sized process, focused disclosures and timetables to manage cost.
How It Works
1. Intake & Orientation
Initial contact, scope definition, conflict checks and NDA if required.
2. Process Agreement
Short document recording parties, issues, timetable and confidentiality undertakings.
3. Procedure Design
Co‑design a purpose‑built path. Can run standalone or alongside negotiation, mediation, conciliation, adjudication, arbitration or expert determination.
4. Sessions & Caucuses
Joint meetings and confidential caucuses (as agreed) to test options and clarify interests.
5. Options & Terms
Develop and evaluate options against objective criteria; parties keep full decision power.
6. Agreement & Follow‑up
Record settlement (heads of terms or binding agreement). Optional legal review prior to signing and scheduled check‑ins.
Where It Fits
Negotiation
Structured prep, disciplined bargaining and document‑ready closure.
Mediation / Conciliation
Neutral facilitation to unlock settlement while preserving relationships.
Adjudication
Interim binding decisions (e.g., construction) to protect cash‑flow and progress.
Arbitration
Procedural discipline, tribunal coordination and award enforceability in focus.
Expert Determination
Targeted, technical determinations on valuation, quantum or specification issues.
Hybrid
Combine modes (e.g., med‑arb) with clear transitions and safeguards.
Outputs & Deliverables
Strategy Brief
Objectives, issues list, risk/BATNA analysis, timetable.
Process Plan
Session plan, disclosure scope, roles and milestones.
Session Records
Decision logs, action points and version‑controlled drafts.
Settlement Pack
Heads of terms / agreements and implementation checklist.
Safeguards & Ethics
- Independence and impartiality; prompt disclosure of any conflicts.
- Confidential handling of information and caucus protocols as agreed.
- Proportionality in cost and scope; accessibility considerations built‑in.
- Respectful conduct; no coercion or intimidation; informed, voluntary agreements only.
Frequently Asked Questions
Can we modify the procedure?
Yes. The framework is a guide—steps can be adapted by the parties to suit the matter.
Do we need lawyers or experts?
Legal and expert input is encouraged as needed. Decision‑making stays with the parties.
Is participation voluntary?
Yes. You may pause or exit at any time. Any outcome requires your express agreement.