Step 7 of the Dispute Resolution Services, Inc. (DRS) model of mediation is Closure.
However tempting it might be to either leave immediately if no agreement is reached at the mediation, or to leave immediately upon receiving a copy of an agreement, experience suggests that some reinforcement and acknowledgment of the efforts of the parties at the mediation will lead to a better outcome.
If an agreement is reached, the parties should be congratulated, and reminded that everything that was said at the mediation is confidential. The mediator will typically let the parties know that should any difficulties arise in the carrying out of the agreement, they are welcome to return for another session should they feel it will be fruitful.
If no agreement is reached during the mediation session, the parties should be thanked for their efforts, and reminded that everything said at the mediation is confidential and that the mediator cannot be called as a witness by either side. Typically, the mediator will contact the parties again in a week or two to discuss the need or value of another mediation session.
Oftentimes, parties who were unable to reach a complete resolution at a mediation will be able to resolve the dispute at a later time without going to court. Sometimes, it just takes a few days or weeks for the parties to process the events at the mediation, and to more deeply consider the best and worst alternatives to a negotiated settlement.
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