MEDIATION PROCESS

 Resolution:

Resolution is the ultimate goal of the mediation process.  Resolution is defined as the successful end point of the parties’ conflict – a settlement that addresses all of the concerns of the parties.  The mediator will ensure that any resolution is fair to, and understood by, the parties.  The vast majority of mediation sessions end with a resolution of the underlying dispute.

However, mediation sessions sometimes do not result in a settlement.  After receiving input from the parties, the mediator may either extend the session and reconvene on a later date or, if the mediator concludes that the parties are too far apart in their expectations, the mediator may declare an impasse and close the mediation.   In those cases where the mediation has been court-ordered, the mediator will report back to the court on the results of the mediation.

 Agreement:

Mediation is an inherently verbal process.  Once a verbal resolution is reached, a written agreement will be prepared for signature by the parties.  This agreement will capture the essential terms of the verbal resolution.  In cases where the parties are represented by counsel, the attorneys often provide the language to be used in the agreement.  In those cases where the parties are not represented by counsel, the mediator can assist the parties in drafting the agreement.   Once the agreement is signed, each party will be provided a copy and the written agreement will control the parties’ relationship from that point forward.

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