Volumes 3&4 – 2011/12 – Solicitor Issue (SOL4)

Building Durable Mediated Statements

Iwona Wojtalik1

1 Universidade de Lazarski, Warsaw, Poland

To cite this text:

Wojtalik, I. (2012), Building Durable Mediated Statements, Percursos & Ideias, Vol. 3&4, pp. 30-34.

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Despite the recent interest in mediation throughout the world, many people are unfamiliar with the legal and business ramifications of the process, as well as the agreement. The overall image that emerges is that mediation is voluntary, and so is the agreement. This article explores some of the issues involved with building an agreement. No party to a mediated settlement agreement yearns to appear in court or return to the negotiating table to enforce the compromise. We explore the mediators’ role in encouraging parties to honor their obligations, both during the mediation session and in the configuration of the resulting accord. Reviewing the mediation agreement with clients involves exploring the implications of the agreement in the context of applicable law and understanding the clients’ personal reasons for accepting the agreement. It is important for the mediator to ascertain if clients are satisfied with their agreements.


Mediated agreement, Trustworthy, Mediation session, Drafting the agreement, Resolution, Settlement.