HOW ARE AGREEMENTS REACHED?
Throughout the mediation process, when an agreement is reached on a particular issue, it is recorded by the mediator as a “point of agreement.” The mediator and the parties specifically discuss and agree on the point of agreement as it is written down.
A point of agreement can change during the process. For example, if the parties reach a point of agreement on childcare expenses, and later reach an agreement on summer camp expenses, the subsequent agreement could require an adjustment to the first.
The goal is to reach points of agreement on all issues identified in mediation. These points of agreement are then typed up by the mediator and sent to the parties and their attorneys if they are represented. The collective points of agreement are known as a Memorandum of Understanding (“MOU”).
The MOU is then converted into the parties’ Agreement. All parties are advised to have an attorney review the MOU and prepare the Agreement. If the parties elect not to have attorneys, they can convert the MOU into an Agreement themselves. If the parties have attorneys, the MOU will be converted into an Agreement by the attorneys. It is important to remember that there is no agreement until a final Agreement is prepared and signed by both parties.
HOW DO WE GET STARTED WITH MEDIATION?
When you are ready to proceed with mediation, contact us! You will receive an Agreement to Mediate explaining the terms of the mediation (i.e. process, confidentiality and fee structure). Once the Agreement to Mediate is signed by both parties and returned to our office, you will be contacted to schedule your first session. In most cases, at the end of each mediation session the next session is scheduled.
Over 75% of the time, Brian is able to help parties successfully resolve their disputes. Finally, because the parties are co-authors in creating their agreement, parties who reach mediated agreements are overwhelmingly less likely to be in court in the future compared with parties who had their cases determined by a Judge.