Commitment to a Negotiated Settlement Clause Samples

Commitment to a Negotiated Settlement. Given the voluntary nature of the mediation process, the extent to which compromise is possible will ultimately depend upon the willingness of each party to compromise and their commitment to pursue the mediation process until an agreement is reached. As discussed above, the presence or absence of a ‘better alternative to a negotiated settlement’ may influence this commitment. However, the perceived presence or absence of alternatives will not necessarily be 124 Boulle, Mediation: Principles, Process, Practice, p79. 125 RESOLVE, "Environmental Mediation: An Effective Alternative?," p12-13. 126 ▇▇▇▇▇▇▇▇▇, "Environmental Mediation Theory and Practice: Challenges, Issues, and Needed Research and Theory Development," p276. 127 Ibid. sufficient to ensure a personal commitment to a negotiated settlement, which ultimately must come from each party themselves.128 Where either party lacks this commitment, a negotiated settlement is less likely and an adjudicative process of dispute resolution, such as litigation, may be a more appropriate choice.