3. Identify themes and interests What happened first in the dispute? What is relatively important and relatively uns important? Responses must be placed not only in the context of parties and ombudsmen, but also in the context of existing law and practice. It is important to establish a hierarchy of points in the event of a dispute (i.e. to also prioritize the points of the mediation agreement). When drafting the agreement, the most difficult, controversial points should be dealt with first. 4. Confidentiality: Mediation is a transaction negotiation and is strictly confidential. No party may disclose the statements of other participants in the mediation. Mediation interviews, written and oral communications, proposals and unsigned settlement agreements are not permitted in any legal proceedings.
Unless authorized by the parties, the Mediator shall not disclose confidential information that a party has made available to the Mediator. The parties agree not to ask the Mediator to testify through mediation or to provide documents from mediation in court proceedings. The only circumstances that allow the Ombudsman to breach confidentiality are: (1) if he reasonably believes that another person is in danger of harm or a well-founded suspicion of child abuse required by law; (2) if necessary to defend oneself in court; (3) if the parties jointly waive confidentiality in writing; or (4) as otherwise provided for by law. The parties shall authorise the Mediator to submit ADR reports requested by the competent court in the matter. The mediation agreement differs fundamentally from a legal (or other) agreement in terms of content, style and language. This is due to the singularity of any agreement, since it is established by the parties themselves as a result of their specific conflict and the mediation process as they experienced it. There is a lack of professional, academic and technical advice in this area. The establishment of a mediation agreement is a capacity acquired, strengthened and enhanced through continuous participation in the work.
At the same time, a focused article accelerates the mastery of the necessary technical skills. With the experience we have gained over the past six years, we have identified seven dimensions that reappear throughout the mediation process in their different forms and forms. The tools for drafting the agreement are integrated into these dimensions. There are links to three written agreements. Each agreement is different and, in some cases, no written agreement is concluded, so it only serves to illustrate. For accessibility reasons, the following agreements have been typed, but they are usually written and distributed informally before the parties leave the mediation. 6. .