What is the benefit of mediation?
Mediation permits solutions a court may not be able to award, protects confidentiality, and leaves control of the result with the parties. It can be especially useful where a business relationship, shared asset, payment schedule, or continuing arrangement is involved.
Arrive with a realistic risk assessment
Evidence, legal positions, cost, duration, and collectability should be evaluated before negotiations. A proposal should be compared with the realistic alternative, not solely with the ideal outcome.
What must the agreement contain?
Amounts, deadlines, conditions, security, releases, confidentiality, expenses, and consequences of breach should be defined. Ambiguity may create a new dispute instead of ending the existing one.
Consent judgment
Where appropriate, the parties may ask the court to enter the settlement as a judgment. The consequences for enforcement, confidentiality, and continuation of the case should be considered before submission.
Ability to perform
An agreement has little value if a party cannot perform it. For installment payments, security, acceleration, guarantees, and consequences of late payment should be considered.
Concluding point
A sound settlement is more than an agreed amount. It is clear, feasible, enforceable, and ends the dispute without leaving new hazards.
Principal legal sources
- Civil Procedure Regulations, 5779-2018.
- Courts (Mediation) Regulations, 5753-1993.