How to Write a Mediation Agreement

Written agreements are vital to the mediation process. They represent the collective memory and promises disputing parties have made to each other to resolve the conflict. A written mediation agreement signals the end of the mediation process and helps prevent future arguments and misunderstandings on the same issues—especially since serious disputes are not necessarily resolved entirely after a two-hour mediation session. Written mediation agreements can be simple one-page steps each disputing party will take or formal multi-page legally binding documents. Regardless, the mediation agreement will have these core characteristics and follow this basic outline.

Difficulty: Moderate

Instructions

1. Write a draft of the agreement immediately after the disputing parties have verbally agreed upon a solution. Since it will be the only record of what happened during the mediation process, it’s important to record the facts while both parties are present.

2. Detail the specifics of each agreed upon solution for each issue in the conflict. Include who will do what and when it will be done. Set deadlines to prevent misunderstandings after the parties leave the mediation session.

3. Include the same number of agreements for each disputing party and make sure that there are no conditions or contingencies based on one party’s actions. This helps to minimize the chance of agreements not being kept after the mediation session ends.

4. Whenever possible, use the disputing parties’ words to write a clear and informal mediation agreement. Avoid legalistic jargon unless you are preparing a legally binding document. In those cases a lawyer should be used. Be as clear and concise as possible, making sure written statements convey the meaning the disputing parties agreed to rather than using vague or confusing words that could be interpreted more than one way.

5. Write agreements using positive statements that reflect what the disputing parties agreed to do rather than what they agreed NOT to do. Start every item of the agreement with “(name of disputing party) agrees to.....”

6. Include any pending legal actions in the written agreement. If disputing parties initiated legal action before the mediation process, you should write in the mediation agreement how they agreed to handle this action.

7. Detail how each disputing party will communicate and work with each other to head off any future conflicts and ensure that the written agreement is followed.

8. Review the draft with the disputing parties to reinforce the verbal agreements that have been made and approval. Finalize the document and have each party date and sign it. Give each person a copy for their records BEFORE they leave the mediation session.

Resources

• Personal Growth Coaching