Before embarking on NCDR, drawing up an Agreement of Process will help all participants to maximise the chances of a successful outcome. The following questions can be used and a draft AOP document can be downloaded here.

  • Prepared at the outset, an Agreement of Process can be used during any NCDR process.  For example, an Agreement of Process that is drawn up and agreed with a mediator and then attached to an Agreement to Mediate can also then be attached to a Participation Agreement in a collaborative process or to an ARB1 in Arbitration. 

    The Agreement of Process can then be transferable to any other NCDR process if it is required.  For example, an Agreement of Process that is drawn up and agreed with a mediator and then attached to an Agreement to Mediate can also then be ported to a Participation Agreement in a collaborative process or to an ARB1 in Arbitration. 

    • How and when is information to be provided by the parties?

    • How many sessions envisaged (if possible) – can a roadmap of the process be agreed at the start to give certainty of process?

    • Where will sessions to take place.

    • If in person – separate rooms/ waiting areas, environmental requirements (such as lighting) or geographical requirements.

    • If online – what platform, where will parties join from, who will be on the screen? If a lawyer supported process, should there be a requirement for parties be together with their lawyers in the same physical room?

    • When do sessions take place – is there a preferred time of day etc.

    • Duration of sessions.

    • Frequency of sessions / gaps required between sessions.

    • Are breaks required during sessions for longer processing time?

    • What do the parties agree to do or not to do to show their respect for each other, the other people involved and the process?

    • Does a party need a third party in the room by way of support such as a family member? Is that person acceptable to all sides and what are terms of their involvement (for example to listen and provide support but not to speak or contribute)?

    • Are there specific needs to the way paperwork is managed – such as timeframes for disclosure? Timeframes for consideration of documents received?

    • Are there specific needs around the exchange of offers, consideration of offers and any increased timescales required.

    • How to raise an issue/ concern

    • How to ask for a break in a session or the process.

    • How to end the process.

    • What will happen at the end of this step?

    • Specific needs for the recording of interim stages or final outcomes.