COMMENT FOR THE DAY #51
Yes – you step in and decide. You will be bringing the parties together. You will be doing what they want you to do. You will have brought about mediation of the dispute. The agreement has been reached. Job well done. Congratulations. Make sure your fees are paid.
But be alert to protect yourself. Leave no stone unturned in ensuring that you are free from later second-guessing by either party. So this is what you do – draft a statement recording what has happened – that progress has been made + the parties jointly requested you to decide the one outstanding issue. You have done as the parties have requested – this is your decision – this is the mediation settlement – you and the parties will sign the settlement and the document will record what has happened but also contain recite the parties’ request and the parties full and final agreement to your action. Share the draft agreement with a lawyer to ensure you are 100% protected and add the lawyer’s fees to your fees.
New mediation Topic Commencing 10 April 2021