Engaging a neutral technical expert means engaging an impartial individual with specialized knowledge pertinent to the matter at hand to provide unbiased assessments, clarify technical
complexities, and offer informed opinions that assist all parties in understanding the technical aspects of the dispute.

Non-binding evaluations refers to the process whereby the mediator, or a neutral third-party, provides a non-binding assessment or opinion of the likely outcome of a dispute if it were to
go to court. Since it is non-binding, the parties are under no obligation to accept or act upon the assessor’s opinion, however it serves as a valuable tool to help the parties make informed decisions and facilitate settlement discussions.

Final offers can be an effective means of breaking deadlocks and prompting decisions in mediation and are used by the mediator as a tool to encourage a final attempt at resolving the dispute. To this end, the parties are invited to make a new proposal that is time-bound and seeks to conclude the case.

The mediator proposal strategy is a final settlement attempt in which the mediator generates and shares a settlement proposal separately with each party. If both parties accept it, that will
be the final settlement agreement. The golden rule of this strategy is that the party who rejects the proposal will not know if the other party accepted it. This way, any party can accept it and save face if the other party rejects it.

The “one-text method” in mediation is a technique used to facilitate negotiations and reach a settlement by creating a single, continuously revised document that reflects the evolving agreement between the parties. This method streamlines the mediation process and helps to reduce misunderstandings and conflicts associated with multiple drafts and versions of an agreement.

The S.M.A.R.T. agreement strategy ensures that all potential agreements are clear, realistic, and aligned with the interests of the parties. The acronym “S.M.A.R.T.” stands for: Specific, Measurable, Achievable, Relevant, and Time-bound, all of which should ideally be incorporated into the settlement agreement facilitated by the mediator

Leaving no space for spoilers involves the mediator assisting the parties to draft the agreement before leaving the joint session, thus ensuring that the terms discussed are properly documented and can be implemented. This ensures that neither party changes
their mind after leaving the meeting and avoiding the conflict returning to the previous stage.

Closing or adjourning the mediation process is a strategy that mediators can use at the end of the mediation session to protect the progress made during the mediation, even when the
parties are considering ending the process without an agreement. This strategy carries the risk of procrastination at the end of the mediation process, but it also has the advantage of giving the parties more time to reflect. In private sessions, the mediator should test the parties’ openness to the idea of taking some time for reflection.