Mediation with Multiple Parties

Mediation is most often thought of as a negotiation between two parties and the mediator.  Sometimes a party can include several people or company representatives and/or insurance representatives.   It is also vital to ensure that the person with authority to “make a deal” is present.  But not every litigation involves a dispute between two sides.

Considerations When There Are Multiple Parties

Your strategy on how to resolve your client’s dispute becomes that much more complicated when you are representing one of multiple parties to a mediation.  There could be multiple plaintiffs and/or defendants.  Whomever you represent may need to negotiate not only with the parties on the opposite side, but with parties similarly situated.  This can be done, especially with a good mediator who understands the competing interests at stake. Mediation allows multiple parties to have a dialogue in a way that isn’t necessarily possible in more formal proceedings, like a trial.

Because multiple parties on the same side of the case may each have different definitions of success for resolution, a skilled mediator can talk to each party individually to explore what their particular wants, needs, and wishes are for a settlement. Armed with this information, the mediator can help all parties formulate a mutually agreeable position which can then be presented to the other side. Because getting everyone on the same page may be more complicated if some of the parties are from different cultural backgrounds, multi-party mediations become even more challenging when one or more of the parties is from another country and culture. 

It is wise to choose a mediator who is used to dealing with various cultures and has international experience. Negotiation may look very different where these parties are from.  Many countries do not have dispute resolution tools like mediation, and therefore, even lawyers from other countries who might be at the mediation will not be familiar with how mediations work. They also may have different views on a typical outcome to a dispute. Still, if everyone at the mediation is there in good faith to try to resolve what is undoubtedly a multi-layered dispute, mediation can be successful.  Be vocal with the mediator prior to the mediation about any concerns and choose a mediator with international experience when there is an international component – or even just parties from different cultural backgrounds. They have techniques to help bridge these gaps and keep interested parties moving towards a solution to their differences.