BEN LAW

Mediation is a confidential and voluntary process where disputes are settled by the people involved. They get to create their own solution and make their own arrangement. The role of the mediator is to help the parties come to an agreement. Often times parties want to settle, but they need help getting to an agreement. As a mediator, Ben Fulton settles approximately 2/3 of the Mediations he conducts. Ben Fulton engages with all parts of the mediation to ensure that all the parties interests are properly considered. Mediation is a completely voluntary process, and it remains voluntary throughout the entire process. If either person does not like the way the mediation is going, they are free to leave the mediation. There are no consequences beyond the lost opportunity to resolve the dispute. Of course, the dispute will need to be settled by some other means, but the important thing to notice about mediation is that neither side can be forced into doing anything. Their participation is completely voluntary, and it remains voluntary at all times. This makes mediation much different than other forms of dispute resolution like Arbitration. The process of the mediation itself is confidential. A successful mediation will result in a settlement agreement. If no settlement agreement is reached the entire process remains confidential. The settlement agreement will specify how much of the mediation will remain confidential. This part of the process is often overlooked by mediators who assume that the confidentiality is non-negotiable. However, as a mediator, Ben Fulton engages with all parts of the process and keeps this issue alive for everyone to consider. Settlement Agreement The settlement agreement is a formal agreement between the parties to a dispute. It clearly lays out what is expected of each party, their obligations, rights, and responsibilities. It includes the positions the parties are taking in respect of their respective legal rights. For instance, it is common for one party to abandon legal proceedings in exchange for compensation. One party will pay a lesser amount to avoid the consequences of going to trial. This is perhaps the most common form of agreement. The parties may have what are sometimes called “minutes of settlement” that outline the key points agreed on in the mediation. The settlement agreement formalizes the agreement and becomes a binding document. Once the settlement agreement is signed, the parties are under an obligation to abide by the terms of the agreement and there are enforcement procedures that can be used. To enforce the settlement one of the parties can make a motion to a judge for the enforcement of the order. This can have serious legal repercussions. If you are thinking about enforcing a settlement agreement, or if you are in danger of someone enforcing an agreement against you then you need to consult with a lawyer.