Delaware Mediation Clauses
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How to fill out Mediation Clauses?
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FAQ
Mediation is generally required in custody, visitation, child support and guardianship matters. The Court believes that all parties should attempt to mediate their differences and reach an agreement. Although a motion to bypass mediation may be filed, it would normally be granted only in exceptional situations.
The negotiations that took place in mediation stay confidential and cannot be used in court. If the Case Settles, there is usually a private written agreement. The agreement can include provisions for what happens if someone violates the agreement.
Arbitrator is given power to decide. Final and binding decision. Mediator has no power to decide. Settlement only with party approval.
Mediation and Arbitration The parties agree to mediate, in good faith, any claim arising hereunder and to refrain from pursuing arbitration hereunder until the parties have met with a mediator.
If there is clear wording in the contract that provides for the survival of the dispute resolution clause in the event of termination, the courts will hold the parties to their contractual bargain and enforce the process.
If the mediation occurred as part of a lawsuit, the court can enter an order that encompasses the agreement's terms. If it was not part of a lawsuit, then the written agreement will be enforceable as a contract.
Generally, mediation clauses are enforceable. However, mediation is essentially a consensual process, and a settlement is unlikely if one party is forced to participate. The mediation clause recognizes that both parties have considered, and are open to, the mediation process.
Sample Mediation Clause The parties agree that any dispute or controversy, arising out of or in connection with this Agreement or any alleged breach thereof, shall be subject to mediation if all parties agree thereto.
