Indiana Mediation Agreement
Description
How to fill out Mediation Agreement?
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FAQ
Provide a concise summary of the facts and claims. The mediator will not have the patience or need to read an appellate brief. Avoid prose but use headings and bullet points to organize the section, and to summarize the claims, defenses and background about the parties.
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.
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.
The non-binding nature of mediation means also that a decision cannot be imposed on the parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept it. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker.
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.
Contents of a Mediation Settlement Agreement Identification of the Parties. The names and addresses of the parties to the dispute. Summary of the Dispute. A brief description of the nature of the dispute. Terms of Settlement. ... Payment Provisions. ... Confidentiality Provisions. ... Governing Law. ... Signature Blocks.
The mediator's proposal By such proposals, the mediator typically proposes a settlement amount falling somewhere between the parties' ?final? negotiating positions for the parties to accept or reject confidentially. If both parties accept, the matter is settled, but if either party rejects, no settlement occurs.
In the mediation process, the mediator helps the parties identify important issues, clarify misunderstandings, explore solutions, and negotiate a settlement rather than having a costly and time-consuming trial.
