The non-character of mediation also means that no decision can be imposed on the parties. For a transaction to be concluded, the parties must voluntarily agree to accept it. It is possible to combine mediation and arbitration. In this case, the dispute is first subject to mediation in accordance with WIPO`s mediation rules. In the absence of an agreement within a specified time frame (it is recommended that the parties provide for either 60 or 90 days) or if a party refuses to participate in or continue to participate in mediation, the dispute is referred by arbitration in accordance with WIPO`s arbitration rules (or, if the parties agree, by expedited arbitration). The advantage of the combined procedure is the incentive it provides for the faithful engagement of both parties to the mediation process, since the consequence of a failure of a financial and management commitment agreement that should result from subsequent arbitration will be more tangible. Parties have the option of continuing or suspending conciliation meetings. In a judicial mediation proceeding, mediation is simply flagged as unsuccessful and the case continues in court. 10. If an agreement is reached, the parties or their lawyer will prepare a transaction document or a settlement report and possible authorizations. The agreement is different depending on the context of the mediation. For example, if I work with a court, mediation is a step that participants do before arbitration.
The court could have a boiler platform agreement that both parties must sign before they can commence the trial. This is provided in advance and conditions are generally non-negotiable. Mediation is above all a non-binding procedure. This means that, although the parties have agreed to mediate a dispute, they are not required to continue the mediation process after the first meeting. In this sense, the parties still have control over mediation. The continuation of the process depends on their continued acceptance. In certain contexts (personal litigation, community litigation), it is not uncommon for an agreement to be an agreement and not legally formalized. It is always important to remember that, although the parties wish, in certain circumstances, legal formalities, compliance with negotiated agreements is encouraged by the fact that the outcome has been agreed and not by legal sanction. 4. a) The parties agree that they will not call the mediator or persons connected to ADR chambers as witnesses in a judicial or administrative proceeding on this appeal at any time, before, during or after mediation. To the extent that they have the right to call as witnesses the Ombudsman or anyone linked to ADR chambers, this right is removed.