The role of a neutral facilitator in choosing a dispute resolution process

Ideally, the facilitator should be engaged by both sides as an expert in dispute resolution processes to discuss with each of them privately and confidentially the issues as they see them and what their underlying interests are, and to make suggestions as to which process or processes might be suitable. The range includes litigation, arbitration (private arbitration), 'baseball' arbitration, expert evaluation, fact finding, mediation, med/arb, arb/med and mini-trial (also known as information exchange).
Whatever the process selected, attention needs to be given to the roles to be played by lawyers, experts, witnesses and other advisors; the extent to which documents and information need to be exchanged; the venue and the time to be allowed for each side; the structure of any formal presentations; the identity of the decision-makers on each side and the extent of their authority to settle. The outcome of a successful facilitation should be a formal agreement between the disputants to embark upon the chosen process. That agreement should provide that the parties and any neutral chosen to preside over the process will treat the proceedings as without prejudice and confidential. Our mediation agreements are here. For the role of a facilitator in the substantive outcome, click here.