Maryland Mediation Clauses
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FAQ
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.
Arb-Med-Arb is a process where a dispute is first referred to arbitration before mediation is attempted. If parties are able to settle their dispute through mediation, their mediated settlement may be recorded as a consent award.
The short answer is don't say things that are untrue, insulting, offensive, or uncooperative. Watching your words can be easier said than done in the heat of conflict. The guidance of a neutral mediator can help keep the discussion focused.
What Are Some Concerns Expressed About Mediation? Parties not mediating with "good faith" intent to work together to resolve the dispute. Parties not hearing what is said. Parties not willing to separate the person from the problem. Failure to have the right management representative present.
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.
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.
Five Keys to a Successful Mediation Attitude adjustment. This is probably the most important thing that you can do to help reach a successful conclusion in the mediation of your dispute. ... Prepare, prepare, prepare. ... State your case clearly and keep the emotion out. ... Be flexible. ... Be patient.
Don't make threats: Threatening the other party or their attorney can escalate the situation. Mediation is a collaborative and non-confrontational process. Therefore, it is essential to stay calm and keep a good attitude. Don't use profanity: Avoid profanities because they can offend the other party.
