© Technology Dispute Resolution Services 2014

Technology Dispute Resolution Services

The TDRS Mediation Process

The mediation process consists of a full day in mediation with all parties resolved to continue working the process so long as progress is being made, even if that results in the parties continuing late into the evening.  TDRS will not waste the time of the parties if a genuine impasse is reached, but TDRS will continue working toward resolution as long as progress is being made.  

Mediations typically begin with a joint session in which each party summarizes the issues for their perspective and their positions on those issues.  Following any questions by the mediator, the parties typically retire to separate conference rooms to continue a dialogue for resolution through the mediator. Additional joint sessions may be convened if doing so will help foster resolution.  

A critical aid to successful mediation is the advance submission of mediation statements by the parties  Effective mediation requires preparation by both the parties and the mediator.  Mediation statements educate the mediator and focus the parties on the issues and their respective positions on the issues.   TDRS reviews the mediation statements of the parties in detail in advance of the mediation and uses those statements to develop ideas for the parties to consider in mediation.  Mediation statements lay the foundation for a productive mediation and prevent the parties from having to spend an inordinate amount of valuable time educating the mediator as to the basic issues in dispute.   TDRS asks that mediation statements be submitted by the parties at least five (5) business days before the mediation date so that TDRS will have adequate time to review those statements in advance of the mediation.