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.

  • 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.

    • Can a roadmap of the process be agreed to give a framework to the process – how many sessions are envisaged (if possible)?

    • Where will the sessions 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 it is a lawyer supported process, should there be a requirement for parties to be together with their lawyers in person (i.e. the same physical room)?

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

    • How long will the sessions be (i.e., the duration of the sessions)?

    • Frequency of sessions and the realistic timeframe to incorporate helpful gaps between sessions.

    • Are breaks required during sessions for longer processing time?

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

    • 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?

    • Is there a need for third party support, such as a family member? Is that person acceptable to all sides and what are the terms of their involvement?

    • Are there specific needs in relation to the way paperwork is managed – such as methods of communication and timeframes for disclosure? Should there be timeframes for consideration of any documents received?

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

    • How will individuals raise an issue/ concern?

    • How will individuals ask for a break in a session or the process?

    • How will the process end?

    • What will happen at the end of this step?

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