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Definition of Mediation: Mediation is a process in which a mediator facilitates communication between the parties and, without deciding the issues or imposing a solution on the parties, enables them to understand and to reach a mutually agreeable resolution to their dispute.

A mediation agreement becomes binding once both parties sign it. As a result, it is essential to thoroughly review mediation agreements before signing them because once the document is signed, the contract becomes legally enforceable. In some circumstances, a mediation agreement will be found unenforceable.

Mediation agreements might include: Details of how the parties will communicate with each other in the future. Commitments to each other about behaviour. A summary of any general understanding between the parties. What the parties will do if one or both feel that their agreement is not working effectively.

The mediator can assume the role of arbitrator (if qualified) and render a binding decision quickly, or an arbitrator can take over the case after consulting with the mediator.

Rule 174 - Voluntary Mediation in the Court of Chancery (a) Scope and Purpose. The term "mediation" means the process by which a neutral mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution.

A mediation agreement can be defined as an agreement reached by the parties to a dispute by expressing their will to settle the dispute between them through mediation. The mediation agreement either can be concluded between the parties as a separate agreement or as a condition of an agreement between the parties.

The benefit of attending mediation is that mediation is a non-binding process. This means that parties cannot force the other to enter into an agreement or resolution. Rather, the parties must voluntarily agree to accept any resolutions.

Unless mediation is court ordered, meditation only becomes legally binding when a mediation agreement, or written contract, is reached.

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An agreement to mediate is the form that the parties and the mediator sign to put everyone on the same page as to the process that will be followed in the mediation, what is to be considered confidential, and the parameters of the process. The Parties agree to enter into mediation in good faith, and with a sincere desire to reach a mutually acceptable resolution of their differences regarding .The parties, their lawyers and the Mediator will make a serious attempt to resolve all issues fairly in mediation. The parties voluntarily agree to mediate. The parties also understand that the Mediator may suspend or terminate the mediation. Confidentiality: Confidentiality is essential to effective mediation as it allows the parties to have a full and candid exchange of information. Neither the completed Agreement to Mediate nor the Request for Mediation forms are considered confidential. The Parties or the Parties' respective Representatives at the Mediation shall have full authority to settle the Dispute. Scope of Confidentiality. The Parties and the Mediator agree that the entire mediation process is confidential and privileged pursuant to Mass. Gen.

Delaware Agreement to Mediate

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