If your lawyer finds problems with your agreement, you may need to return to another mediation session. However, if your lawyer agrees to the agreement, they can draft a contract that covers all the terms you have agreed. As regards the clause itself, O`Farrell J.A. (paragraph 53) stated that `although the term `condition precedent` is not used, the terms used are clear that the right to initiate proceedings [before the courts] depends on the failure of the dispute settlement procedure, including mediation`. This means that the parties must use the CEDR model mediation procedure set out in clause 11.1.2 (see clause reproduced in its entirety above) in order to reach an amicable settlement of their dispute – an obligation that binds both parties. Once the family`s lawyers have created the agreement, known as the “consent reference,” it will be signed by all parties and sealed by the court. This ensures that the agreement is legally binding and can be enforced by the court if either party violates the agreement. All parties to a dispute who are not willing to participate in mediation must be willing to explain to the court why mediation is not appropriate for them to justify this decision, especially when considering which party should bear the costs of the dispute. The mediation process is flexible and can be adapted to what is appropriate for each case.
Depending on the nature and value of the dispute, the parties may have lawyers, lawyers and possibly other professional advisors or experts (. B accountants or appraisers) present. It is common for parties to participate at least with their lawyers. The parties must inform the other parties and the mediator in advance of who will participate in the mediation. Mediation is private and confidential in nature, and confidentiality terms will generally be included in the mediation agreement and in any settlement agreement. Confidentiality usually extends to what happens in mediation and results from it, but not to the fact that mediation takes place. Sanctions and remedies for breach of confidentiality provisions apply in accordance with the usual principles of English contract law. Mediation is highly recommended in the UK. The overall objective of the DPRK is to enable courts to deal with cases fairly and at a proportionate cost, and courts are required to actively manage cases to achieve this objective.
Article 1.4(2)(e) of the CPR expressly states that this obligation “includes encouraging the parties to have recourse to an alternative dispute resolution procedure where the court deems it appropriate and facilitating the application of that procedure”. .