Nebraska Mediation Clauses
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How to fill out Mediation Clauses?
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FAQ
This is done with the help of a mediator. A mediator is someone with skills to help you and others work through a problem to see if you can create an agreement that works for you. You are the one that decides if an agreement works for you. The mediator does not make decisions on the agreement.
Mediation involves a neutral third party which has no authority to settle the dispute. The mediator is not a judge or arbitrator but a facilitator. A mediator simply encourages the parties to reach agreement. Mediation does not focus (backwards) on rights but is rather future oriented on needs and interests.
If the mediation does not result in an agreement, the parties may return to court. The mediator's privilege precludes subsequent reporting to the court as to the communications occurring during the mediation.
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 United Nations (UN) Guidance for Effective Mediation describes mediation as a voluntary process ?whereby a third party assists two or more parties, with their consent, to prevent, manage or resolve a conflict by helping them to develop mutually acceptable agreements?.
Mediation is an informal and flexible dispute resolution process. The mediator's role is to guide the parties toward their own resolution. Through joint sessions and separate caucuses with parties, the mediator helps both sides define the issues clearly, understand each other's position and move closer to resolution.
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.
The mediation clause recognizes that both parties have considered, and are open to, the mediation process. When disputes arise among parties who have previously recognized the value of mediation, there is usually no need to force one party to participate.
