When Is A Mediation Agreement Enforceable

Learning Points 1. This case underlines the Obligation of the Tribunal to facilitate alternative dispute resolution procedures in the area of common justice. The Queen`s Bench`s assessment is clear: in order to encourage parties to settle disputes before reaching disputes or arbitrations, the courts will be in favour of the application of the REL rules. 2. For implementation agreements to be applicable, they must be carefully crafted under clear, informative and imperative conditions. Everything else – such as the obligation for the parties to settle a dispute during mediation – can lead to an unsuccessful request for execution (see Sul America Cia Nacional de Seguros SA e.a. against Enesa Engenharia SA et al [2012] EWCA Civ 638, point 36). The quintessent are always having your lawyer present during the mediation process. Don`t hesitate to ask for a break to talk to your lawyer before you commit to anything. If mediation does not seem pleasant to you and you think the result is unfair, then you choose to end the conciliation session instead of approving the terms. Remember that in mediation, the idea is that both parties give up something in the interest of solving the problem.

If the mediation agreement sounds like you`re giving up too much, discuss it with your lawyer and ask if the result is the best alternative. The post-divorce trial in Mathurin adull when the plaintiff/ex-husband applied for the comparative marriage contract (“MSA”) to compel the ex-wife defendant to accept the offer to sell the matrimonial home. The parties agreed to sell the house within the MSA, but after receiving this offer, the defendant suggested buying the plaintiff`s interest for the house for the same amount. The applicant did not accept this alternative resolution. Two other enforcement requests followed – one was dismissed on procedural issues and the other was denied without prejudice (i.e., it can be reseated) until the recruiters participated in mediation because the MSA violated a mediation clause that requires the parties to request such intervention before filing an application with the Court. The ensuing mediation meeting resulted in this appeal.