An Agreement of Process will support a neurodivergent person to participate in NCDR and also provide a foundation for working towards a successful outcome.
Agreement of process
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All clients, but especially those with neurodivergence benefit from certainty and from knowing that there is a plan in place. It is therefore important to set out at the start what a process will look like.
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All parties and the professionals involved in the dispute resolution process will need to agree to the adjustments which are to be made. Agreement about the barriers faced and adjustments to be made will be set out in the Agreement of Process. If these cannot be agreed, that may impact on the parties’ suitability for dispute resolution or a particular type of dispute resolution.
ADD Reminder: consider the cost consequences of changing parameters of usual mediation process eg shorter sessions or changes to presentation of written material when finalising the Agreement of Process.
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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.