Step 6 - DRS Model - Finalizing the Agreement

Step 6 of the Dispute Resolution Services, Inc. (DRS) model of mediation is Finalizing the Agreement.

Assuming that you are able to arrive at a specific solution that resolves the disputed issues, there are basically three methods for finalizing the agreement.

First, you can finalize the terms of the agreement in a written contract form. Good agreements reflect the parties' mutual concerns, interests and promises and conditions. They are simple, specific, and leave no doubt as to what each party will perform. After the agreement has been reviewed, revised if necessary, and finalized, both parties sign the agreement.

Second, depending on the issues being resolved and the maturity and emotions of the parties, some agreements can be informal and open-ended, and merely summarized verbally. Verbal agreements in mediation depend on the good faith of the parties for follow-through, and are not otherwise enforceable.

Finally, the parties may schedule a later appointment to finalize the agreement. This is appropriate if one or both parties want the agreement to be reviewed by an attorney. In a divorce mediation, the parties would take the agreement to their attorneys for review and to finalize the paperwork for a judgment. The parties themselves are responsible for filing any papers with the court. However, there are specific terms that should be included in the mediation agreement in order for it to be enforceable in court. A competent mediator will ensure that the agreement contains both a waiver of confidentiality with regard to the agreement itself and a clear statement that the parties intend for the agreement to be enforceable - if that is what the parties desire.

If both parties are represented by attorneys at the mediation, the attorneys will most often draft the agreement at the mediation, and create any additional paperwork at a later time.