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Mediation With Agreement
9. The parties will have lawyers present at the mediation. The Ombudsman will not legally represent or advise a party and has no obligation to assert or protect a party`s legal rights and obligations, not to address an issue raised by the parties themselves, or to determine who should participate in mediation. By agreeing to submit a dispute to MEDIATION, the parties adopt WIPO`s mediation rules as part of their mediation agreement. These rules have as their main tasks: 5. The Ombudsman is not responsible for everything that has been done or omitted with regard to mediation and has the immunity granted to a judge under the legislation in force in the province. In most mediation cases, the parties involved reach a number of agreements that help them to cooperate better. A preliminary agreement helps the parties themselves to clarify their real objectives in mediation. This in turn allows them to consult productively with friends or legal advisors. A provisional agreement – to which details can be added or deduced – gives the parties a sense of flexibility. This helps them embrace the process and can free them from rigid postures. It can also allay their fears of being pushed to accept what they refuse.
An interim agreement sends the message that it is their consent, that the decisions they make are in fact their own, which increases the sense of ownership of the agreement. Personally, it is time for the Ombudsman to commend the efforts of the parties who have been invested in the process that led to this resolution. In addition, the Mediator should express the hope that this experience and the new awareness of conflict resolution will be internalized so that the parties have the capacity and motivation to defuse and resolve future conflicts that may arise in their lives. These agreements are generally a brief summary of important issues on which the parties have agreed and use the parties` own words to explain in detail how they decided to proceed. Agreements are absolutely confidential and can be used to jog people`s memories when they return to work. As agreements are confidential, they are not legally binding and cannot be mentioned in future proceedings. The legal status of a mediation agreement depends on: (a) the type of procedure and (b) the intention of the parties. Judicial mediation often results in a binding result, while mediation independent of any other procedure will be as binding as the parties wish. The parties may agree to the presence of lawyers at the conclusion of the mediation, so that the agreement can be properly drawn up and qualified as a binding contract.
Upon receipt of the mediation request, the Centre will contact the parties (or their representatives) to begin discussions on the appointment of the Ombudsman (unless the parties have already decided who will be the Ombudsman). The mediator must have the confidence of both parties and it is therefore essential that both parties fully agree with the appointment of the proposed person as mediator. 3. Identify the subjects and interests in the confrontation, what came first? What is relatively important and relatively insignificant? Responses must be placed in the context not only of the parties and intermediaries, but also of the existing law and practices. It is important to establish a hierarchy of points in the dispute (and thus also to prioritize the points of the mediation agreement). When drafting the agreement, the most difficult and controversial issues should first be addressed. In certain contexts (personal litigation, community litigation), it is not uncommon for an agreement to be an agreement and not legally formalized. It is always important to remember that, although the parties wish, in certain circumstances, legal formalities, compliance with negotiated agreements is encouraged by the fact that the outcome has been agreed and not by legal sanction.