Mediation Agreement between Private Parties

State:
Multi-State
Control #:
US-02296BG
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PDF; 
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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

Be upfront. Your first paragraph should tell the mediator who you represent, who the opponent is, summarize the claims and explain what is at stake. Provide a concise summary of the facts and claims. Summarize prior settlement discussions. Identify strengths and weaknesses. Bring it home.

If both of you agree to change an informal mediation agreement, the process is very simple. It is still a good idea to consult a lawyer to ensure that the new agreement meets legal standards and fully replaces the old one. However, if the other party does not agree to the changes then you can take them to court.

An agreement you reach through mediation can become legally binding by the terms being made into a consent order. A consent order is a legal document usually drawn up by a solicitor setting out what you have agreed during mediation that will then be sent to the court and approved by a judge.

If you want to be able to enforce an agreement under 664.6, your client must personally sign the agreement. In terms of format, the agreement itself should include a stipulation that the agreement can be enforced pursuant to 664.6, and the parties will request the court retain jurisdiction to enforce compliance.

Avoid saying alienating things, and say difficult things in the least alienating way possible. Set ground rules to avoid attacking openings. Remember that avoiding saying unwelcome things, by having the mediator say them, merely transfers the other party's resentment from counsel to the mediator.

An agreement you reach through mediation can become legally binding by the terms being made into a consent order. A consent order is a legal document usually drawn up by a solicitor setting out what you have agreed during mediation that will then be sent to the court and approved by a judge.

Any agreements made during mediation are not legally binding in the sense of being enforceable in a court. Some people do decide to get a solicitor to look over the agreement, and the agreement can be used in court at a later stage in order to create a Consent Order.

Avoid saying alienating things, and say difficult things in the least alienating way possible. Set ground rules to avoid attacking openings. Remember that avoiding saying unwelcome things, by having the mediator say them, merely transfers the other party's resentment from counsel to the mediator.

If you are invited to mediation, it is expected that you will pay for your fees, unless you are eligible for Legal Aid or your ex-partner has offered to pay for it.

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Mediation Agreement between Private Parties