What is Facilitated Dispute Resolution?

Facilitated Dispute Resolution (FDR) is an open dialogue with all key stakeholders relative to an existing dispute that optimizes their ability to reach a fair and equitable solution among themselves. The key assumption: that this approach, if properly facilitated, offers a best value opportunity relative to other ADR processes which involve significantly more cost, time and where stakeholders are left with a third party's solution.

One thing we've learned is that in FDR parties can agree to agree on portions of a dispute and clearly isolate those specific areas where they disagree. Those areas may then be taken forward to a DRB/ADR process. This 'narrows' the area of disagreement.

Still however, parties may elect to agree to disagree on all elements of the issue or dispute. If so, they can go forward with other ADR processes knowing that they've made the best effort among themselves to attempt to resolve the issue, while continuing forth without ill will, personal animosity, rancor, etc.

VCG’s Approach to FDR

1. VCG telephone interviews all major stakeholders to identify their perspective, concerns, and opportunities relative to the dispute at hand. Also, we introduce the FDR process = what it is and what it is not.

2. In a 1/2 day workshop -- preferably offsite: Have all parties identify the anticipated consequences and costs if this dispute goes to a DRB or other ADR. Typically, the reaction is that whatever the resolution is it will be costly, time consuming, and suboptimal (left in the hands of a less than fully informed 3rd party).

3. We have them then identify what each of them personally have at stake in coming up with a solution (or clear process that leads to a solution) among themselves. The responses? Less stress, closure/get to move on, sustain positive personal relationships, etc.

4. We then have them each identify their understanding of what actually happened -- with no spin. For areas that they disagree on or are unclear, we ask what information would they need from their partner to more clearly understand (not necessarily agree) on what happened.

5. We then ask, given our understandings, what's possible in the way of resolving this issue/dispute today or at least coming up with a process. For example, they might develop a dispute resolution ladder -- lower levels meet and agree on what they can and elevate what they cannot agree on.

6. Clear identification of next steps with names, dates, deliverables, etc.

VCG’s Guarantee

If, at the conclusion of the initial session, you and your fellow stakeholders do not believe a genuine breakthrough has been created in terms of predictable issue/dispute results, we will forego 1/2 of our professional fee. Prerequisite: A principal (someone with the authority to make a financial determination and/or authorization regarding the issue) from each stakeholder attends the full FDR session.