Mediation Agreement

Mediation Agreement

As an alternative process, mediation is in itself less formal than traditional processes. As such, his internal ways are less formal. In many Western cultures, informality is signalled by the use of first names. This is a testament to intimacy and intimacy, which encourages mediation. This should not indicate that the use of first names has the same meaning in all cultures. Within each culture, it is up to mediators and parties to find appropriate ways to create a more relaxed and informal environment. If we propose the use of first names, it is designed as a proxy for informality. This means that in any culture, regardless of the expression and communication of personalization and informality, it is necessary to be involved in mediation. While the conclusion of a mediation agreement is the result of successful mediation, it is not always true that successful mediation involves a formal agreement (provisional or final). 5. The revisions to an interim agreement requested by the parties give the mediator an important instrument – an understanding of the parties` underlying intentions towards each other and how they actually perceive the mediation process that has taken place so far. The mediator has a primary obligation to clarify the capacity of the parties.

Sometimes the mental or emotional capacity of one or both parties seems limited from the start. This is often due to the stress caused by conflict. Although the reduction in capacity is caused by their conflict and may be temporary, they heighten emotions of anxiety, anger, excitement and general insecurity. As transient as these emotions may be, they are real for dissenting parties. A capacity limitation can only be revealed at a later stage of mediation. From time to time, such a restriction may warrant a brief interruption of the mediation process. The mediation agreement must respect the dynamic and fundamental principles of the mediation process. The mediation agreement is the result of interaction between two parties who are ready to settle their dispute under the direction of a competent mediator. The parties understand and accept their own needs in order to protect their common interests and restore communication, knowing that this is the key to effective and fruitful agreements in the short and long term. Participants also understood that the Ombudsman may suspend or terminate mediation if he or she believes that mediation results in an unjustified or inappropriate outcome, when the Mediator feels that a deadlock has been reached or when the mediator finds that he can no longer effectively exercise his or her role as mediator. The parties themselves define the framework for mediation.

They are the ones who explain why mediation takes place, what it is about and what their respective interests are.