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Tuesday, April 14, 2009

The Mediation Agreement needs to be signed by all parties!!!!

The agreement to mediate must be signed by all parties prior to the start of the mediation. The mediation agreement is non-negotiable and the failure of the parties to sign the agreement prevents the mediation from starting. One potential client refused to sign the mediation agreement. I immediately excused myself. I suspect that both parties will be involved in expensive litigation and will end up losing substantial assets to the lawyers!!!!This is too bad and very sad. The mediator is not a bystander to a negotiation just as notary is not a dude with a notary stamp. A mediation agreement needs to be signed to document the terms of the mediation.

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