For parties for whom mediation is a new procedure and who may question the benefits of mediation, two factors can be judiciously taken into account: for organizations and companies represented by a collaborator in mediation, it is important to clarify the authority of the employee. It can be a bargaining power without being able to make final decisions; Maybe he`ll have to inquire about one of his superiors. In this case, the mediator is required to determine the exact extent of the negotiator`s power. This must be done in the first meeting, with gentleness and diplomacy, by asking simple and direct questions, such as: “If we reach an agreement, could you sign it?” or “Is there someone who needs to confirm your decisions?” Parties must respect (particularly when providing for CIC mediation in contractual documents) that they agree to suspend the statutory limitation period by signing the CIC mediation agreement. This suspension during mediation can last up to six months from the date the last party signed the mediation application until the end of the mediation. There are two main avenues through which intermediaries help the parties make their own decisions, which correspond to two types or models of mediation that are practiced around the world. Under the first model, facilitating mediation, the Ombudsman strives to facilitate communication between the parties and to help each party understand the other party`s perspective, position and interests with respect to the dispute. Under the second model, the evaluation intermediary, the mediator gives a non-binding assessment or assessment of the dispute, which the parties can then freely accept or reject as a dispute settlement. It is up to the parties to decide which of these two mediation models they want to follow. WIPO`s arbitration and mediation centre (“the centre”) will help them identify a mediator who is appropriate to the model they want to adopt. In family mediation, the result usually results in a “memorandum of understanding” signed only by the parties and non-binding, which they will then bring to their lawyers to be included in the separation/consent order for judicial separation or divorce. 3. Identify the subjects and interests in the confrontation, what came first? What is relatively important and relatively insignificant? Responses must be placed in the context not only of the parties and intermediaries, but also of the existing law and practices.
It is important to establish a hierarchy of points in the dispute (and thus also to prioritize the points of the mediation agreement). When drafting the agreement, the most difficult and controversial issues should first be addressed. The Centre has put in place a recommended contractual clause for reference to future disputes under a mediation contract under WIPO`s mediation rules.
