Mediation Review – Part II

Negotiation is an ancient process – used to transact business and resolve disputes. The negotiation process is anchored on each party’s word – on what they promise to do. Fundamentally, negotiation is a decision making process in which each participant has the power to decide whether (or not) to do a deal. It is part and parcel of the social phenomenon of contract relations which – by their very nature – create rights and duties where none otherwise exist under the law.

Through negotiation, we decide how to handle our differences in power, resources, perceptions, needs, interests, wants, expectations, assumptions and values. Through negotiation, we decide how to allocate risks. In mediation, the quest is for a negotiated resolution. If such a result is obtained and the parties want or expect to be able to enforce the terms agreed to at the mediation, in California they must adhere to the special, statutory requirements for creating binding and enforceable mediated settlement agreements as provided in the Evidence Code.

In advance of the mediation, think about what type of documentation might be necessary or appropriate, and bring a hard copy and electronic draft with you! You might also want to do a quick review of the special requirements for mediated settlement agreements to be binding and enforceable in California …. READ MORE >>>

California Requirements for Mediated Settlement Agreements