How can you draft a clear, comprehensive, and enforceable mediation agreement?

Clearly outline the specific services or deliverables that will be provided by the consulting company. This includes defining the objectives, timelines, and expected outcomes of the project. Include provisions for resolving any disputes or disagreements that may arise during the consulting engagement. This can include mediation or arbitration clauses, which provide a framework for resolving conflicts in a fair and efficient manner. Include provisions that outline the circumstances under which either party can terminate the consulting agreement. This helps to protect both parties in case of unforeseen circumstances or changes in project requirements.

Start with larger principals agreed upon then add specific details. Get input from everyone. Confirm either party is entitled to a judgment based on the mediated settlement agreement. And include a provision to address drafting disputes - consider making the mediator the final word on drafting disagreements. Streamline so that the settled suit can be finalized quickly and minimize further back-and-forth.

I was 'recruited' to be part of a [nationwide] Prison Dispute Mediation Team, assembled by the Rochester (N.Y.) office of the American Arbitration Association's National Center for Dispute Settlement Including former Prisoners and guards [multi-racial/both genders] ... just after the Attica 'uprising' in the early 1970's.

Leadership of this initiative began with the Rochester AAA/NCDS Director James T. Ellis-who died of cancer before the training was done, but continued with an attorney (Josh Stulberg)- I had previously worked with at MCLAC/OEO Legal Services project (now at OSU Law School). I also conferred with 2 AAA Board members (Herb Heaton of Rockefeller Foundation, and Mark Gelber of Skidmore College faculty).

Set up effective communication channels with the client, ensuring that there is a designated point of contact for both parties. This helps to maintain open and transparent communication throughout the consulting engagement. Mediation can be scheduled at the convenience of the parties involved, allowing for flexibility in timing and location. It also typically takes less time than traditional legal processes, allowing for quicker resolution of disputes.

Reviewing the mediation agreement is a crucial step in the process to ensure that all parties involved fully understand and agree to the terms and conditions. Here are some professional opinions on the importance of reviewing the mediation agreement. Involving a mediator or lawyer to review the agreement adds an extra layer of expertise and objectivity. They can provide insights, identify potential issues, and offer guidance to ensure that the agreement is fair, balanced, and in compliance with legal requirements. The review process demonstrates a commitment to transparency and fairness, fostering trust between the parties involved.

In my view, it's important to consider what form the "mediation agreement" will take in a particular situation. My comments are those of a family mediator: - if the parties mediate without counsel, the best I can do at the end is have them sign a Memorandum of Understanding that is not binding on either of them, and is subject to independent legal advice. If they do have counsel, the goal is, yes, to sign an enforceable agreement before the end of the mediation session, and this may take various forms - eg: a Consent, Minutes of Settlement, Summary of Terms of Agreement, etc. From my perspective, it is vital the parties understand their legal rights and obligations before they sign on the dotted line, even for an agreement that is mediated.