Nature of Mediation Clause Samples
The 'Nature of Mediation' clause defines the fundamental characteristics and procedural framework of the mediation process as agreed upon by the parties. It typically clarifies that mediation is a voluntary, confidential, and non-binding process facilitated by a neutral third party, and may outline the mediator's role as assisting in negotiations rather than imposing a decision. This clause ensures that all parties understand mediation is intended to foster open communication and collaborative problem-solving, while protecting the privacy of discussions and preventing the process from being used against participants in future proceedings.
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Nature of Mediation. The participants hereby appoint ▇▇▇▇ ▇▇▇▇▇▇ as mediator for their negotiations. The participants understand that mediation is an agreement-reaching process in which the mediator assists participants to reach agreement in a collaborative, consensual and informed manner. It is understood that the mediator has no power to decide disputed issues for the participants. The participants understand that mediation is not a substitute for independent legal advice. The participants are encouraged to obtain legal advice throughout the mediation and are strongly advised to obtain independent legal review of any mediated agreement before signing that agreement. The participants understand that the mediator's objective is to facilitate the participants to negotiate in a polite and fair manner and deal with issues constructively and to use of their best endeavours to reach a fair and consensual agreement themselves. The participants also understand that the mediator has an obligation to work on behalf of each party equally and that the mediator will not give legal advice but will make observations within the mediation.
Nature of Mediation. The parties hereby appoint _Chris ▇. ▇▇▇▇, Ph.D as mediator for their negotiations. The parties understand that mediation is an agreement-reaching process in which the mediator assists parties to reach agreement in a collaborative, consensual and informed manner. It is understood that the mediator has no power to decide disputed issues for the parties. The parties understand that mediation is not a substitute for independent legal advice. The parties are encouraged to secure such advice throughout the mediation process and are strongly advised to obtain independent legal review of any mediated agreement before signing that agreement. The parties understand that the mediator's objective is to facilitate the parties themselves reaching their most constructive and fairest agreement. The parties also understand that the mediator has an obligation to work on behalf of each party equally and that the mediator cannot render individual legal advice to any party and will not provide therapy within the mediation.
Nature of Mediation. The parties understand that mediation is an agreement-reaching process in which the mediator assists parties to reach agreement in a collaborative, consensual and informed manner. It is understood that the mediator has no power to decide disputed issues for the parties. The parties understand that the mediator’s objective is to facilitate the parties themselves reaching their most constructive and fairest agreement.
Nature of Mediation. The mediation is an informal, voluntary, agreement-reaching process in which the Mediator will assist the Parties to attempt to reach an agreement in a collaborative and consensual manner. The Parties understand that mediation is an interest-based process that will facilitate settlement. The Parties undertake to participate in good faith throughout the mediation and to use their best efforts to reach a mutually acceptable settlement agreement.
Nature of Mediation. The participants hereby appoint and retain ▇▇▇▇▇ ▇▇▇▇▇▇ as mediator for their negotiations. The participants understand that mediation is an agreement-reaching process in which the mediator assists participants to reach agreement in a collaborative, consensual and informed manner. It is understood that the mediator has no power to decide disputed issues for the participants. The participants understand that the mediator's objective is to facilitate the participants themselves reaching their best agreement. The participants also understand that the mediator has an obligation to work on behalf of all participants and that the mediator cannot render individual legal advice to any participant and will not render therapy nor arbitrate within the mediation. The participants also understand that mediation is not a substitute for independent legal advice. The participants are encouraged to secure independent legal advice throughout the mediation process and are strongly advised to obtain independent legal review of any formal mediated Agreement before signing that Agreement. The mediator may come to require one or both participants to have their agreement reviewed by legal counsel to ensure that a participant is reaching a reasonably informed agreement. The participants agree that, even if the mediator is an attorney, the mediator will not serve any participant, nor all participants, as legal counsel, nor render individual legal advice in this mediation.
Nature of Mediation. The parties appoint the mediator to help them reach a voluntary and informed agreement. The mediator has no power to decide for the parties. The mediator will work equally for each party and will not give legal advice. Any mediator recommendations or statements are not legal advice.
Nature of Mediation. Mediation is a conflict resolution process in which the mediator assists the parties in negotiating voluntary agreements. The objective is to help the parties themselves reach their best agreement. It is understood that the mediator has no power to decide disputed issues for the parties. The mediator has an obligation to work on behalf of all parties, cannot render individual advice to any party, and will not arbitrate within the mediation. The parties further understand that mediation is not a substitute for independent legal advice. The parties are encouraged to secure such advice throughout the mediation process and are strongly advised to obtain independent legal review of any formal mediated agreement before signing that agreement. The mediator may come to require one or both parties to have their agreement reviewed by legal counselor to insure that party is reaching a reasonably informed agreement.
Nature of Mediation. The parties hereby agree to utilize Magistrate ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ as mediator. The parties understand that mediation is an agreement-reaching process in which the mediator assists parties to reach agreement in a collaborative and informed manner. It is understood that the mediator has no power to decide issues for the parties. The parties understand that mediation is not a substitute for independent legal advice. The parties are encouraged to secure such advice throughout the mediation process and are advised to obtain independent legal review of any formal mediated agreement before signing that agreement. The parties understand that the mediator has an obligation to work on behalf of all parties and that the mediator cannot render individual legal advice to any party and will not render therapy nor arbitrate within the mediation.
Nature of Mediation. 8.1 The Parties understand that mediation is an agreement reaching process in which the mediator assist parties to reach agreement in a collective, consensual and informed manner.
8.2 It is understood that the mediator has no power to decide disputed issues for the Parties.
8.3 The Parties understand that mediation is not a substitute for independent legal advice.
8.4 The Parties understand that the mediator’s objective is to facilitate the Parties themselves reaching their most constructive and fairest agreement. The Parties also understand that the mediator is obliged to work on behalf of each party equally, including the dependent children, and that the mediator cannot render individual legal advice to any party and will not render therapy within the mediation.
8.5 The Parties state their good faith intention to complete mediation by an agreement. It is however understood that any party may withdraw from or suspend mediation at any time, for any reason.
8.6 The Parties also understand that the mediator may suspend or terminate the mediation if she feels that the mediation will lead to an unjust or unreasonable result, if the mediator feels that an impasse has been reached, or if the mediator determines that she can no longer effectively perform her facilitative role.
Nature of Mediation. The parties hereby appoint and retain ▇▇▇▇ ▇▇▇▇▇▇▇▇, Ph.D. as mediator for their negotiations. The parties understand that ▇▇. ▇▇▇▇▇▇▇▇ is an attorney, but will in this mediation not serve as any party's nor all parties' therapist or psychologist. The parties understand that mediation is an agreement-reaching process in which the mediator assists parties to reach agreement in a collaborative, consensual and informed manner. It is understood that the mediator has no power to decide disputed issues for the parties. The parties understand that mediation is not a substitute for independent legal advice. The parties are encouraged to secure such advice throughout the mediation process and are strongly advised to obtain independent legal review of any formal mediated Agreement before signing that Agreement. The mediator may come to require one or both parties to have their agreement reviewed by legal counsel to ensure that party is reaching a reasonably informed agreement. The parties understand that the mediator's objective is to facilitate the parties themselves reaching their best agreement. The parties also understand that the mediator has an obligation to work on behalf of all parties and that the mediator cannot render individual advice to any party and will not render therapy nor arbitrate within the mediation.
