Exploratory process of would-be disputes, starting with only one party
Safe space like mediation coming from neutrality and independence of mediator, confidentiality, no-prejudice, freedom to stop
Mediator starts with one party first and then reaches out to the other. He then shuttles between the two.
Goal to first list what the issues are, what the nature of the would-be conflict is, what steps could be taken to resolve them.
Possibly leads to a full blown mediation, or most of the times helps to nip potential disputes in the bud.
Early Intervention can kick in at any time, even if only one party is conscious of the problem.
Well ahead of festering disputes, litigation and arbitration,
but potentially also in the middle of arbitration to explore alternative avenues and keep the initiative of the final decision.
Create a safe space where confidentiality and neutrality of the mediator enables freer communication and thinking out of the box.
Avoid escalation of tensions from differences into dispute or conflict.
Understand better the other party’s important needs.
Strengthen and potentially heal the commercial relationship.
step 1 – one party commits the mediator on Early Intervention Terms
step 2 – reach out to the other party and explore his willingness to commit to the Early Intervention Terms
step 3 – shuttle between two parties or plenary meeting or conference call.
step 4 – identify issues and roadmap
step 5 – reach agreement on how to avoid the dispute