Mediation is above all a non-binding procedure. This means that, although the parties have agreed to mediate a dispute, they are not required to continue the mediation process after the first meeting. In this sense, the parties still have control over mediation. The continuation of the process depends on their continued acceptance. One thing to remember is that everyone involved in the dispute must participate in mediation. If someone is not there, their written consent must be given before the mediation is over. On the other hand, mediation is an attractive alternative if one of the following priorities is on one side or both: the parties decide the language in which mediation will take place. You can choose a single language or opt for the use of two languages and for the interpretation time, although the latter choice will naturally increase the cost of implementing the process. The Ombudsman`s mission is to ensure that all the concerns of each party are shared within the mediation before an agreement is attempted.
This fosters a mutual understanding of the situation. It is a gentle and relaxed process to discuss everything that participants are willing to share, which can help to shed some light on the controversy and help other participants see another side and thus a way out of the quarrel. By agreeing to submit a dispute to MEDIATION, the parties adopt WIPO`s mediation rules as part of their mediation agreement. These rules have the following main functions: The range of agreements that can be obtained in mediation is truly unlimited. In some cases, there is a clear contract case that is enforceable in court. This does not mean that the parties must follow this path, but they could certainly follow this option. Say there is a dispute between two companies over a contract. They may need to have a relationship after mediation, but they should require their consent to write. You should determine exactly how much money will change the owner, what work needs to be done, what the time frame is, etc.