MedNet's Mediation Process Flow
Step 1: Requesting MedNet's Services
Step 2: In-person or virtual meeting
After receiving your email or concern, MedNet will set-up a meeting, either in-person or virtual meeting.
MedNet will conduct its preliminary interview to understand the conflict and degree of it.
Step 3: Formulating Proposal
MedNet will draft a proposal with all the services that MedNet can provide along with the timeline and fees for the services and mediators.
MedNet will usually send the proposal a day after the meeting.
MedNets' service will end if the stakeholder did not agree with the proposal.
Proceed to Step 4,
if the stakeholder agrees with the proposal.
Step 4: Examining Conflict
MedNet will examine the conflict if it needs to undergo conflict mapping or not.
If the conflict is subject for conflict mapping process.
If the conflict did not require conflict mapping process.
Step 5A: Conducting Conflict Mapping
MedNet will start conducting KII to the key respondents, stakeholder representatives and resource persons.
MedNet will convene a focus group discussions for stakeholder groups.
Step 6A: Conducting Validation Workshop
MedNet will conduct validation workshop to present the results of the conflict mapping process to the stakeholder groups.
Validation process results will be used to identify the next steps and if the conflict will proceed to mediation.
If the results of the validation workshops is leading the conflict to undergo mediation, proceed to Step 5B.
Step 5B: Requesting for Mediation Process
Fill up and submit a Mediation Form 4.1 or Request for Mediation through any of MedNet members or directly send an email to email@example.com
MedNet will contact the opposing party to deliver and discuss the request for mediation and will asked them for their approval.
If the other party agrees on the request for mediation sent by the other party, they must agree and sign the MOA with the opposing party.
Step 6B: Initializing the Mediation Process
After receiving the signed MOA, MedNet will evaluate the memorandum and will send a notice after 5-10 working days to the respective parties.
MedNet will conduct its preliminary orientation for the parties to address the questions and clarifications before proceeding to the mediation process.
The mediator once again will explain the scope and limitations of the MOA that both parties signed.
The mediator may suggest a schedule for the first mediation session, but will mostly rely on the parties to decide when they want to start the session.
Parties involved in the conflict are expected to participate in the mediation process as it is stated in the MOA.
If it happens that one of the parties is unable to participate in a mediation session, they are expected to present an authorization letter that gives the proxy the capacity to decide and sign on their behalf. The letter will only be accepted if it is notarized with a Special Power of Attorney.
Step 7: Concluding Mediation
A mediation process may terminate if:
a participant requests that the process be terminated
a participant is using the process inappropriately or in bad faith
in the mediator's opinion, the mediation is counter-productive, or it is unlikely to settle after best efforts have been made
proposals for settlement undermine the participants' or the public's trust in the process of mediation
a settlement is unlikely to take place within a reasonable amount of time
A mediator shall exercise good judgment in arriving at a decision to terminate the mediation process.
A mediator should encourage all parties to reduce their agreements into writing.
>Full Agreement - The mediators shall discuss with the participants the process for formalizing, if necessary, and implementing the agreement.
>Partial Agreement - The mediators shall discuss with the participants the procedures available to them to resolve any remaining issues.
>In both instances, the mediator may assist the parties in the process of writing down and formalizing the settlement. This written instrument shall be discussed by the parties and shall be subject to their approval.
>Termination by Participant - The mediator shall inform the participants of their right to withdraw from mediation at any time.
>Termination by Mediator - If the mediator believes that the participants are unable or unwilling to participate meaningfully in the process or that a reasonable agreement is unlikely, the mediator may suspend or terminate the mediation.
MedNet shall not be liable for any intentional act by either of the parties involved without prior consultation.