Like the Carpenters [Remember them? Say ‘yes’!] sang, “We’ve Only Just Begun”. Here’s why - one of the mediator’s ethical responsibilities is to assist the parties in the development of the terms of agreement. Development is a 4 part “ion-process” [I made that up!]:
- Discussion
- Formalization
- Implementation
- Memorialization
As prescribed in Florida’s Rules for Certified and Court-Appointed Mediators, Rule 10.420 Conduct of Mediation, (c) Closure:
The mediator shall cause the terms of any agreement reached to be memorialized appropriately and discuss with the parties and counsel the process for formalization and
implementation of the agreement.
The parties’ understandings of who is obligated to do what, by when, how, where, and sometimes why, all clearly written [i.e., unambiguous, detailed content], is critical in order to avoid future problems such as is illustrated in this article in The Citrus County Chronicle.
To email me, click Perry S. Itkin.
