Pre-Litigation Mediation – Taking genuine steps to resolve the dispute

Our chief aim, wherever possible, is to manage and resolve disputes so that litigation between the parties never becomes necessary.

But this is not always possible.

Sometimes litigation cannot be avoided.

However, there is a legal obligation imposed on parties and their lawyers to take reasonable steps (State law) or genuine steps (Federal law) to try to resolve the dispute via negotiation and/or mediation before commencing an action in a court or tribunal.

When a dispute is brought to CDMC National we will apply the following protocol:

  1. We will triage the dispute’s requirements and needs. We will do this in discussion with the parties or their lawyers.
  1. 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.
  1. 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.
  1. We will draw up and present a formal mediation agreement between the parties and the appointed mediator.
  1. 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.

They may elect to return to the same mediator or select a different one. Using MODRON in this way has the potential to save time and money.