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[§658H-4] Privilege against disclosure; admissibility; discovery. (a) Except as provided in section 658H-6, a mediation communication is privileged as provided in subsection (b) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by section 658H-5.
In most mediation cases, the parties involved reach some agreements which help them to work together more effectively. These agreements are usually a brief summary of important issues that the parties have agreed on, and use the parties' own words to detail how they have decided to move forward.
A mediation agreement becomes binding once both parties sign it. Therefore, you should thoroughly review mediation agreements before signing them, as the contract becomes legally enforceable once you sign the document. In some circumstances, a mediation agreement will be found unenforceable.
Often, a respondent pays for the mediator, as most complainants are unable to contribute. The same rules as to deadlines, tolling of responses, and other HCRC practices apply, as the HCRC retains jurisdiction during the private mediation.
Settlement: The Agreement is binding If a party tries to wiggle out of a Mediation Settlement Agreement, the Settlement Agreement will likely be enforced by the Court and sanctions may be entered against the party trying to get out of the agreement reached at mediation.
The mediation might be enforceable only if the agreement contains an express clause stating that the mediation will be enforceable in a court of law. On the other hand, the mediation might generally be enforceable unless the parties expressly agree that it not be enforceable.
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.