Two-Track Mediation Process

Two-Track Mediation Process

The Two-Track Mediation Process is a structured approach to dispute resolution where two distinct but interconnected paths are followed to facilitate negotiation and agreement between parties. This method is commonly used in complex disputes, particularly in family law, business disagreements, or estate matters, where resolving multiple issues may require different strategies.

The two tracks in this process typically involve:

1. Substantive Track: This path focuses on the specific issues of the dispute, such as financial arrangements, property divisions, or custody matters. In this track, mediators help the parties discuss their interests and concerns related to the core issues, working toward a mutually acceptable resolution. For example, in a divorce mediation, the substantive track would address the division of assets and child custody arrangements.

2. Relational Track: This path emphasizes the interpersonal dynamics between the parties. It seeks to address underlying emotions, communication barriers, and relationship issues that may affect the resolution process. For instance, in a business partnership dispute, the relational track might involve mediators facilitating discussions to improve communication and rebuild trust between the partners, even while negotiating the terms of their separation.

By utilizing the Two-Track Mediation Process, parties can effectively address both the logistical and emotional aspects of their disputes, leading to more comprehensive and sustainable agreements. This dual approach not only aims to resolve the immediate issues but also fosters a healthier relationship moving forward, which is particularly beneficial in ongoing relationships, such as co-parenting after a divorce or business partnerships.