Michael is an author and speaker on alternative dispute resolution issues. He publishes a monthly newsletter entitled « Resolving It » which provides timely advice on successful mediation strategies and discusses current issues, such as commercial arbitration reform and E-Discovery mediation. The ability to resolve disputes between you rather than requiring a third party to make a decision on your behalf means that it is easier for the parties to assume their responsibilities and conclude a process that is emotionally bloody. As part of mediation, everyone can agree to draw up an agreement on some of the issues that have been asked. This can be done in the same way as he did above, but it would result in a contract called « interim. » This interim treaty can say that if all is settled, the interim agreement will be part of the final agreement, or it can say that the interim agreement will only be binding until a specific date. If a party does not comply with these conditions after signing an agreement, it is considered a broken contract. All conditions of mediation must be fully summarized before all parties involved. It should be transcribed to allow all parties to sign mediation. All parties then declare the dispute and both parties are responsible for following the conciliation agreement. Problems that you have not been able to resolve through mediation can still go through the legal process.
The time you have spent in mediation may have made the court process shorter and easier. Some mediators will actually write the parties` agreement in the form of a contract. The mediator will only do so if that is what the parties want. Sometimes the parties want the mediator to prepare the contract because it can save some costs. But even if the Ombudsman writes the contract, it is always necessary for everyone to take the agreement from a lawyer to be heard before signing. The mediator cannot give legal advice to any of the parties. If the Ombudsman gives legal advice, it would not be possible to remain neutral. If the Mediator is not neutral, it may be considered by either party to be biased against it.
If the parties do not reach an agreement on mediation, they should take an appropriate approach. During this period, the Ombudsman will act in the role of a fictitious courtroom. He or she will consider all the evidence that would be presented if the case had been tried.