Six Ways to be a Better Mediation Advocate - End of a Mediation

One thing that mediators should bring to the negotiation process is persistence.

Once a settlement has been agreed in outline, for the agreement to be binding in accordance with the Mediation Agreement, it needs to be set down in writing and signed by the parties.

Frequently, at the end of a long day, parties want to leave the drafting until “tomorrow”.

Generally, it is better to keep going and complete a written agreement when everyone is present and focused on the task in hand.

Most mediations settle on the day with settlement rates at 75% and above with a further 15% of cases settling in the days and weeks following.

But what if the day ends with no deal?

Here are six things skilled mediation advocates do at the end of a mediation in the event of no settlement.

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Mediation myths debunked

Mediation is something that has been used more frequently by lawyers as a means of resolving disputes without needing to enter the courtroom. There remains an impression of litigation as an area of law that is inherently adversarial, centred around a duel over right and wrong with your legal opponent on the courtroom battlefield. However, the reality is that most commercial litigation disputes are far more emotionally charged and complex than people think, and a gentler touch may yield better results.

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