Kansas Mediation Clauses
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How to fill out Mediation Clauses?
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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.
If the mediation occurred as part of a lawsuit, the court can enter an order that encompasses the agreement's terms. If it was not part of a lawsuit, then the written agreement will be enforceable as a contract.
Be prepared, professional, considerate, and let the other side know that there is nothing personal in the position you are taking. A mutual attitude of cautious optimism makes mediation both enjoyable and effective. Building positive relationships with the opposition makes it much easier to settle cases in the future.
Generally, mediation clauses are enforceable. However, mediation is essentially a consensual process, and a settlement is unlikely if one party is forced to participate. The mediation clause recognizes that both parties have considered, and are open to, the mediation process.
Arbitrator is given power to decide. Final and binding decision. Mediator has no power to decide. Settlement only with party approval.
If there is clear wording in the contract that provides for the survival of the dispute resolution clause in the event of termination, the courts will hold the parties to their contractual bargain and enforce the process.
Sample Mediation Clause The parties agree that any dispute or controversy, arising out of or in connection with this Agreement or any alleged breach thereof, shall be subject to mediation if all parties agree thereto.
The negotiations that took place in mediation stay confidential and cannot be used in court. If the Case Settles, there is usually a private written agreement. The agreement can include provisions for what happens if someone violates the agreement.
