Have you already commenced litigation or had it forced upon you?
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Litigated disputes may be brought to CDMC National mediators in a number of ways, including:
- Directly from those involved in the dispute.
- Via the agency of and referral from a law firm on behalf of their clients.
- Referral from a Court or Tribunal
Most jurisdictions now refer litigated disputes to mediation before a final hearing date is fixed by the court.
The timing is usually controlled by the court or tribunal in dialogue with the litigants or their legal representatives. In some jurisdictions referral to mediation early in the proceedings is mandatory. This is to encourage the parties and their lawyers to try and achieve settlement before substantial legal costs are incurred by each party.
When a dispute is brought to CDMC National we will apply the following protocol:
- We will triage the dispute’s requirements and needs. We will do this in discussion with the parties or their lawyers.
- We will propose suitable mediators from our expert panel, explaining to all parties and their legal teams why we consider them to be excellent choices.
- Once we have agreement, jointly we’ll determine whether the dispute could be managed by a MODRON, a proprietary, online dispute management platform. MODRON offers efficiencies in the management of the dispute that may help contain costs.
- We will draw up and present a formal mediation agreement between the parties and the appointed mediator.
- We will hand the matter over to the chosen mediator who will then have charge of the dispute. If MODRON is used, the signing of the mediation agreement and the handover can all be done from the platform.
This protocol can usually be completed within 2-3 days, permitting the chosen mediator to act quickly to establish a mediation timetable including production of relevant documents and setting a date for a preliminary conference.
If the parties elect to use MODRON, the provision of documents to the mediator and each party’s outline or summary of the issues and facts can all be done quickly and efficiently using the tools provided on the online platform.
MODRON is designed to produce a genuine steps statement for each party. Each party can, at the end of the mediation, simply request the platform to produce a genuine steps statement in the format required by a court or tribunal.
MODRON is designed to allow parties to retain the entire history of their attempt at pre-litigation mediation within the system, fully protected, so that they can return to that mediation process at any time during the course of the litigation to try and resolve the dispute.