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If one or both parties don't wish to use mediation, the Civil Procedure Rules state that the court has power to impose sanctions on a party, including a stay on proceedings, interest and cost penalties. The courts have imposed harsh cost consequences on those parties who have unreasonably refused to mediate.

The non-binding nature of mediation means also that a decision cannot be imposed on the parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept it. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker.

A party to a mediation cannot be forced to accept an outcome that it does not like. Unlike an arbitrator or a judge, the mediator is not a decision-maker. The mediator's role is, rather, to assist the parties in reaching a settlement of the dispute.

Contents of a Mediation Settlement Agreement Identification of the Parties. The names and addresses of the parties to the dispute. Summary of the Dispute. A brief description of the nature of the dispute. Terms of Settlement. ... Payment Provisions. ... Confidentiality Provisions. ... Governing Law. ... Signature Blocks.

The non-binding nature of mediation means also that a decision cannot be imposed on the parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept it. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker.

Mediators must remain neutral as to the outcome of a mediation at all times. Mediators must not seek to impose their preferred outcome on the participants or to influence them to adopt it, whether by attempting to predict the outcome of court proceedings or otherwise.