What is 360˚ legal mediation

 

What is 360˚ legal mediation and why should you consider it?

How does 360˚ mediation work and support parties to reaching an outcome with an added value? Legal mediation means that we fully commit ourselves to your case on all levels. We care about dispute prevention, the relationship and communication between the parties, the business and other substantive qualities of the case, as well as the legal and process management aspects. We actively engage in helping you find the best business deal and check whether the outcome is achievable from a legal and business perspective and also whether it fits with the company cultures and people involved.

A legal mediator uses a varied approach to mediation, where several evaluative elements regarding substantive issues can be introduced into the mediation process by the mediator, by using experts, or using co-mediators with different approaches to mediation. Solution-focused, facilitative and evaluative approaches can all be used and combined depending on the circumstances and the parties’ needs.  Legal mediation means that the mediator pro-actively supports the parties both at a procedural and substantive level. On mutual request, the mediator can also help the parties to generate, advise, educate or apply norms (e.g., legal or otherwise) regarding dispositive issues, or to understand how similar issues may have been successfully solved in comparable mediations or other ADR processes. The quality of communications, substantive and legal aspects of the case, as well as the personal and commercial interests of the parties play an equally important role in the mediation process.

 

Process design

Legal mediators are highly experienced in process design. They aim to build on each party’s national, legal and/or professional cultures, to help them design a process that is compatible with their values and in accordance with any existing constraints (e.g., in terms of budgets, deadlines and/or applicable laws). The goal is to reach a sustainable and implementable outcome,
This approach has a faciittive basis where the mediator will help parties to reach a mutually acceptable outcome that is based on both parties interests and needs, while improving the trust and communication between the parties. However there are certain stages (e.g. the closing stages whie drafting the settlement agreement)  were an evaluative approach, or a combination of mediation types is applied.

Legal mediators work closely with the party representatives and also with their legal counsel . As part of this approach they will discuss process design issues and help each party to prepare systematically for the mediation prior to the first mediation session, allowing them to make informed choices. An average of ½ day of preparation is required with each party prior to the beginning of the mediation. Depending on the complexity of the case and the number of parties involved, the mediation itself normally takes one day to five half days.  

 

Mediation advocacy

Generally legal mediators are also specialised as mediation advocates or mediation advisors (a professional who is engaged by and supports or represents one party during a mediation procedure).

 

Schonewille & Schonewille Legal Mediation provides specialised co-mediations team services for cross border disputes. Read more.