Kansas Mediation Agreement
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FAQ
In mediation, the goal is not to determine who is right and who is wrong, but rather to explore solutions in which both can gain. The parties, not the mediator, make the final decision. If they cannot come to an agreement, they may go back to court.
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.
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.
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.
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.
Seek compromise, not judgment Stay away from any attempt to fight the other party. Mediation is about negotiations and compromise. Instead of seeking to win the case and defeat your opponent, engage in an open and honest conversation to settle.
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.
