Appeal Mediation Agreement

September 11, 2021 in Uncategorized by

There are two main ways to help mediators make their own decision, which correspond to two types or models of mediation that are practiced around the world. Under the first model, supportive mediation, the Mediator strives to facilitate communication between the parties and to help each party understand the other`s perspective, position and interests in relation to the dispute. Under the second model, evaluative mediation, the Mediator provides a non-binding assessment or assessment of the dispute, which the parties can accept or reject as a dispute resolution. It is up to the parties to decide which of these two mediation models they want to follow. The WIPO Arbitration and Mediation Center (“the Center”) will help them find a mediator who is suitable for the model they wish to adopt. The limitation of leave to appeal meant that only two points had to be taken into consideration: mediation is a relatively unstructured and informal procedure, in which continued participation in the process and acceptance of a result depend on the agreement of each party. The rules therefore have a more limited function in mediation than in compulsory arbitration. What is this function? But the ability to resolve the case does not disappear as soon as you exceed the appeal threshold. All federal appeled courts and most state appel.a. courts now have mediation programs. Even after the court`s ruling, the parties are free to speak, find common ground and find creative solutions that no court could impose.

As lawyers, regardless of your field or areas of activity, dispute resolution will be part of your profession. After 50 years of practicing this profession, I have come to the conclusion that understanding is often more important than agreement; And this indifference is more annoying than the difference. If you engage in your professional life, you will undoubtedly develop your own style of handling disputes. In this regard, however, I propose that you remember that we should not fear the disagreements themselves. Upon receipt of the request for mediation, the Centre will contact the parties (or their representatives) to start discussions on the appointment of the Mediator (unless the parties have already decided who will be the Mediator). The Mediator must enjoy the confidence of both parties and it is therefore essential that both parties fully agree with the appointment of the proposed person as mediator.