Plethora Private Ltd and Count Enterprises are embroiled in a contractual dispute and have chosen mediation as their resolution method. If the parties reach a mutual agreement, the mediator will document the terms in a s

The process by which the mediator ensures that the resolution is enforceable If there is an agreement: The mediator will write up what both parties agreed to as a Record of Settlement. Once it is signed by the parties and the mediator, this document becomes confidential, binding, final and enforceable through the courts. The mediator will give a copy of the document to the parties. Both parties must then do what they agreed to do when they signed the document. If the parties cannot agree on a solution: The parties may then: ask the mediator to make a recommendation. If the recommendation is not declined by either party (before a specified time limit), it will become final, binding and enforceable, or ask the mediator to make a decision. The decision will be final, binding, and enforceable. All of the above factors also constrain the parties involved in Mediation and prevent them from arriving at agreements, or resolution of their conflict that may impinge on their rights, or those of another person or that may have a significant impact on the needs or operational requirements. In mediation there is no assurance of a goal. It tends to be viewed as a costly cycle if a result can't be reached. It is subsequently just advantageous if the two players are set up to settle. A few people need to 'have their day in court' and feel a feeling of injustice if the cycle is not seen through until the end. Mediation works as a tool for both the parties in order to find a safe way out of disputes and conflicts that arise.