The Business Faciliation Process at BDRS
Before a session, the parties may provide the facilitator with a
copy of any draft agreement to date, optional written
statements, or both. The parties might also wish to submit,
either in addition to or in place of individual statements, a joint
list of disputed points or issues to be addressed at the facilitation.
While BDRS encourages the exchange of information, it is up
to the parties to decide whether to give their respective
submissions just to the facilitator, or also to exchange them
among themselves. In order to avoid confusion, however, the
facilitator will assume that anything in the submissions may be
shared with other parties at the facilitation, unless specific
portions of a submission are expressly noted as confidential.
At BDRS, the facilitator’s role is to guide the process in a productive
and efficient manner, and to facilitate communication among
the parties. The parties themselves control whether and how
the issues are resolved. When the parties reach a resolution,
the facilitator will assist the parties in memorializing their agreement.
Each facilitation is tailored to the needs of the parties and the
nature of the issues, with joint and private sessions. At a
facilitation, however, because the parties are not engaged in a
dispute, and are working together towards a common goal, it is
likely that the use of a private session will be infrequent, and
that a joint session will predominate.
Facilitation is protected by the same confidentially that applies
to mediation. Please see the discussion of Confidentiality in
the Principles of Mediation for additional information on this
critical aspect of the process.