The commercial ADR I see, Judicate West, provides the parties (here) with a confidentiality agreement form that merely reaffirms the principles of privacy control in the State of California. In light of Thottam`s recent statement in California, I would hesitate before asking the parties to sign an agreement that: let`s hope we cleared up “it hangs up a bit”! Mediation is effective because the parties have more ownership of the resolution. Generally, this means that both parties are more likely to meet the requirements, but if not, there are other options to pursue. A well-developed mediation agreement should also be easier to understand than an agreement that is virtually impossible to decipher without the help of a lawyer. It should be noted that while mediation is generally a voluntary process, it is customary for the results of mediation to be binding. In other words, while the parties are not required to follow the conciliation process until conclusion, they often agree in advance that, when the dispute is resolved, the resolution will remain in a written and enforceable document. Here too, history speaks of a high probability that the agreement reached through this voluntary process will be achieved without legal intervention. 4. With respect to how courts can enforce intermediation agreements: (a) the courts may, if necessary, suspend disputes or arbitration proceedings in order to facilitate compliance with this agreement. b) In addition, courts may order the parties to provide, in the context of an interim procedure, the necessary and relevant information (for example. B to serve the briefs) to ensure that mediation goes as smoothly as possible. 5.
If the Tribunal considers that a party is attempting to abuse the Tribunal`s procedure by requesting a stay of proceedings as a delaying tactic, it may refuse the application of the mediation agreement. This is based on the principle that the Tribunal retains a leading prerogative to effectively and effectively facilitate the resolution of disputes between the two parties. In these circumstances, litigation can provide the parties with a better forum for dispute resolution. It is a principle based on the fair jurisdiction of the courts and applied in other common law jurisdictions.
