The mediation agreement must respect the dynamic and fundamental principles of the mediation process. The mediation agreement is the result of interaction between two parties who are ready to settle their dispute under the direction of a competent mediator. The parties understand and accept their own needs in order to protect their common interests and restore communication, knowing that this is the key to effective and fruitful agreements in the short and long term. Personalization reinforces the negotiators` commitment to a conclusion or decision. Personalization – including the negotiator`s name on the agreement itself – serves to remind the negotiator of the experience, time, investment and spirit of the conciliation process. The negotiator is an essential cog in everything that turns out to be: he influences the outcome and is influenced by others present; He was the one who gave his approval to all the colonies concerned. Therefore, when the time comes to implement the terms of the agreement by submitting them first to senior business leaders, the negotiator personally carries all the donations and indications that the agreement has made possible, thus forcing him to agree. Il s`agit d`un accord entre _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ It`s not going to be the last time. No party can disclose the statements of other participants in the mediation. Mediation interviews, written and oral communications, proposals and unsigned comparative agreements are not permitted in court proceedings. Unless the parties are approved, the Ombudsman will not disclose confidential information provided by a part of the Ombudsman. The parties agree not to call the mediator as a witness for mediation or to provide documents from mediation in any legal proceeding.
The only circumstances that allow the Ombudsman to violate confidentiality are: 1) if he reasonably believes that another person is in danger of harm or has well-founded suspicions of child abuse that the law requires of him; 2) if necessary, to defend itself in all legal actions; 3) where the contracting parties collectively waive confidentiality in writing; or 4) as required by law. The parties authorize the mediator to submit the ADR reports requested by the Court of Appeal. For organizations and companies represented by a collaborator in mediation, it is important to clarify the authority of the employee. It can be a bargaining power without being able to make final decisions; Maybe he`ll have to inquire about one of his superiors. In this case, the mediator is required to determine the exact extent of the negotiator`s power. This must be done in the first meeting, with gentleness and diplomacy, by asking simple and direct questions, such as: “If we reach an agreement, could you sign it?” or “Is there someone who needs to confirm your decisions?” In most mediation cases, the parties involved reach a number of agreements that help them to cooperate better. A provisional agreement builds or renews trust and gives a tangible indication of the real possibility of a final agreement.