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How to get an enforceable mediation resolution agreement.

Many people want to know how Mediators To Go sends them away from the mediation with an enforceable mediation resolution. There are two ways.

Unambiguous Written Agreements.

We help the participants write down what they have agreed to do or not do. As part of that process, we help them explore the meaning of their agreements so that there is less chance of a court refusing to enforce the agreement because it is “ambiguous.” Ambiguity is the bane of written agreements, whether they are mediation agreements or ordinary contracts. We ask “what do you mean by that?” a lot to be sure the parties are setting forth their intentions.  We say “what do you mean by that? a lot too.  We delve into their answers to be sure they have captured the contingencies in the words they have agreed to.

Video Proof

Then, when they are fully satisfied with the terms, we offer them the opportunity to discuss their agreement on video camera with the other party. When they put their agreement into their own words on video, and both parties are saying that this is what they agreed to, it is much more likely that a court asked to enforce the agreement will find it enforceable.

It is much more difficult for a party to later claim that they did not understand the agreement when they are on video saying they do understand it.

Trust but Verify

Usually by the time parties reach mediation there is a low level of trust.  Some parties start the mediation saying something like this: “why should I trust him to live up to this agreement when the reason we are here is because he didn’t live up to his first agreement?”   The mediation process explores the trust issues and seeks to resolve them.  The video documentation of the agreement is an added bonus strengthening the new relationship going forward.

No Added Charge.

Consistent with our one flat fee mediation promise, there is no additional charge for the video proof of the agreement.  Because both parties are there, they are able to testify as to its authenticity.  We also provide a certification should the video need to be introduced into evidence to enforce the agreement.

We look forward to resolving your dispute soon.

Rhonda Smiley

Resolution Guru

Mediators To Go

www.mediatorstogo.com

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