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As this case demonstrates, the mediation clause of agreements of sale for the purchase of real estate are just as enforceable as any other alternative dispute contractual provision under the law.
Often court systems, in an effort to eliminate some trials, impose mandatory mediation as part of the litigation process. The decision to accept the outcome of the mediation and settle the matter remains voluntary. If the attempt at mediation fails to resolve the dispute, the parties continue to litigate the matter.
Central Mediation Services has the right to call and request payments if the debt you owe is genuine. They will act on behalf of your creditors to get you to pay, but they need to follow the right procedure.
Voluntary participation and self-determination are fundamental principles of mediation that apply both to mediations in which the parties voluntarily elect to mediate and to those in which the parties are required to go to mediation in a mandatory court mediation program or by court order.
Mediation is a process by which two or more parties choose to resolve a conflict via a series of private discussions overseen by a neutral third party. This process is voluntary and must be kept confidential, ing to the Arizona Rules of Family Law Procedure.
It may be easy to establish who is at fault, but you do not want to go into mediation saying things like, ?This is all your fault? or ?If not for you, I wouldn't have been injured.? Placing blame can raise the other party's guard, which could make them less likely to compromise.
Don't make threats: Threatening the other party or their attorney can escalate the situation. Mediation is a collaborative and non-confrontational process. Therefore, it is essential to stay calm and keep a good attitude. Don't use profanity: Avoid profanities because they can offend the other party.
Notes: This clause creates an obligation to refer a dispute to proceedings under the ICC Mediation Rules. It is designed to ensure that when a dispute arises, the parties will attempt to settle the dispute using proceedings under the Rules.