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Workplace Mediation Settlement Agreement

The agreement will be understandable and credible for all parties and will face the harsh experience of reality. Each mediation process may vary depending on the needs of the parties and the dispute. As a general rule, the parties participate alone, but perhaps would like to bring a friend, family member or lawyer. Mediation itself begins with the Ombudsman`s meeting with both parties, often referred to as a joint meeting to define the objectives and objectives of mediation. (a) The fact or catalyst of the current conflict. This is often an existing misunderstanding or controversy. b) A statement that both parties have a common interest in resolving the conflict. c) A statement that the mediation agreement will be a product of this mediation process. . 5. The revisions to an interim agreement requested by the parties give the mediator an important instrument – an understanding of the parties` underlying intentions towards each other and how they actually perceive the mediation process that has taken place so far.

6. Read the agreement aloud and other final steps The mediator must be sure that each of the parties has read the agreement separately. If it is necessary for the Ombudsman to read the agreement with each party individually, this should be done. The agreement should then be read while both parties are present to confirm the veracity of the comparisons agreed so far. In addition, the Ombudsman should confirm, during the reading, after each section, that both parties understand the provisions in the same way and that there is a meeting of the mind. Whenever a party shows an interest in amending an agreement, it is important to know whether it fundamentally changes the agreement or simply „pinches“. In addition, it is important for the Ombudsman to know the source of the proposed amendment. Does it express a broader understanding of the agreement or is it a new problem, or does it reflect regrets or a change in attitude? Is it inexpressive to be afraid to pass the agreement? It is important to understand a party`s motivation for a review – does it advance the process or hinder it? Another consideration: should a mediator attribute the revision to the party itself, or as a common idea of the party and the mediator? A provisional agreement builds or renews trust and gives a tangible indication of the real possibility of a final agreement.

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