Each mediation procedure is unique and requires a customised approach. The participants remain master of their mediation procedure at all times. They set the pace. They ensure its success.
Van Gompel Mediation provides active support through its own method. This method is based on two foundations: on the one hand, it is up to the mediator to facilitate dialogue between the participants using all possible communication techniques. On the other hand, the mediation process allows participants information and insight into the various aspects of their dispute (legal, economic, etc.).
Phase 1: Renewed dialogue
This phase aims to get the dialogue back on track. It involves at least three rounds:
- a first joint meeting between the mediator and the participants;
- a follow-up meeting between the mediator and each participant separately;
- an evaluation round in which the interests and aspirations of the participants are identified and analysed.
Phase 2: Legal and economic audit of the dispute
During the legal audit, the mediator and the participants, preferably assisted by their own legal counsel, assess their legal position based on legislation and the applicable case law. The focus here is more on weaknesses/threats of each legal position in order to obtain a realistic assessment of the chances of success before a traditional court.
During the economic audit, the participants, preferably assisted by their own accountant, examine the economic cost price of any escalation of their dispute. The focus here is on aspects such as retaining mutual opportunities/chances and the cost of dragging out the dispute in a classic procedure.
Phase 3: Switching to a solution
The information from the previous phases will normally contain the ‘seeds’ for a balanced agreement that is supported by the participants. If successful, the agreed arrangements will be drafted in a mediation agreement. The mediator shall prepare and co-sign this agreement. If required by the participants, it can be ratified by the court.