There are times when parties are not engaged in a dispute, but,
to the contrary, are seeking to reach agreement on a
desired business transaction. Despite their mutual desire to
get the deal done, however, they may experience hurdles, and
may benefit from the involvement of a neutral third party.
Business facilitation is a voluntary, confidential, and informal
process where a neutral third party—the facilitator—assists the
parties in reaching a common goal. Such transactions might
involve creation of a partnership or joint venture, long-term
supply or service agreements, executive compensation and
employment agreements, non-competition or non-disclosure
agreements, or purchase and sales of businesses.
The facilitator assists the parties in working through and
negotiating aspects of the transaction as to which the parties
have been unable to reach agreement or seem to have
reached an impasse. The goal of business facilitation is to get
the parties to the point where they feel they can proceed on
their own to finalize the deal.
Please see the Business Facilitation Process at BDRS for
detailed information regarding written submissions, the
conciliator's role, how sessions are conducted, and
Please see Principles of Mediation for a summary of the
principles of mediation followed at BDRS—including the
confidential nature of the sessions.