Guided Choice substantially expands the mediator’s role to that of a full partner with both parties in getting to the heart of their dispute and the most efficient route to its resolution. It empowers the mediator to work closely with both parties’ counsel well before any mediation session is scheduled, and to guide the parties along the path to settlement. I recommend the more complete description of Guided Choice and related resources available on the Guided Choice website. The key elements of this approach to early dispute resolution are:

• The parties embrace an obligation to mediate
• The mediator is retained as early as possible
• The mediator conducts a confidential investigation and diagnosis of the dispute
• The parties exchange key information identified by the mediator
• The mediator helps design a customized settlement process to anticipate and overcome impasse
• The mediator continues to work with the parties even if negotiations are suspended
• The mediator helps the parties design a customized arbitration process to resolve disputes that do not settle
  

Parties in conflict and those drafting dispute resolution provisions in their contracts would do well to consider Guided Choice.

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