How to Build Agreements in Mediation

Mediation is a process by which two parties with a problem are assisted by a neutral facilitator to find a solution. Mediation has become common practice in business, legal and private settings. Mediators assist clients with issues ranging from employer discrimination to divorce and child custody issues. While the direction and solution of the mediation is determined by the parties, some standards with regard to essential agreement elements are in place.

Things You'll Need

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Instructions

1. Create the initial agreement to mediate form that both clients will be expected to sign. This agreement should include provision specifying the expectation of reaching an agreement; the expectation of cooperation and honesty from both parties; and a list of ground rules that must be followed, such as no insulting the opposing party, no rude gestures and no interrupting the other party or the mediator during the process.

2. Explain this agreement to the parties before the mediation begins and have them both agree both orally and with their signature to the terms.

3. Begin by having both parties discuss their version of the problem without any input from the opposing party. Once this stage is complete, offer to open the dialog between the parties. If the parties begin to reach impasse, consider using techniques such as breaks, individual sessions, or solution brainstorms to help the parties move forward. Keep in mind that some mediation sessions will not end with a solution to every necessary provision.

4. If mediating a specialty area where certain aspects of agreement are required, bring a "form" agreement to the mediation to ensure all issues are covered during discussions. For example, when mediating a divorce, financial, familial, child custodial, and filing arrangements need to be discussed during the session.

5. Take notes during the mediation of exactly what the parties agree to, and confirm the agreement's contents with the parties before ending the session.

6. Draft the final agreement after the mediation session is concluded. A mediation agreement is a standard contract discussing party's agreed upon actions. Example contracts can be found at websites such as contractlaw.com and contracts.onecle.com. When creating the contract, be sure to include party names, the date of the mediation, a short synopsis of the disagreement, a section outlining the next steps in the process and what the parties agreed to do, and a section detailing what will occur should the agreement be violated. Keep in mind that mediation agreements are not legally binding, so parties are free to disregard the decision and seek legal intervention instead.

7. Set up a time for the parties to meet and sign the agreement. Bring along three copies: one for each of the parties and one for your personal records.

Tips & Warnings

• If considering starting a mediation business, review local requirements as many states require particular training and certification.

Resources

• lawofcontracts.co.uk
• contracts.onecle.com