If after a mediation parties reach an agreement, then it will normally be required to be reduced into writing.
This will generally be by way of a deed. If the parties are legally represented then that task will normally fall to one or both of the lawyers.
If however the parties are not legally represented, then the mediator may be asked to assist with the form of the agreement.
Sometimes the issues are reasonably simple, but it is important that the mediator – lawyer or not- be experienced in helping the parties to an agreement that can be relied upon and a resolution as to all the matters in dispute that are the subject of the mediation.
After 11 years acting for parties in mediation and as a mediator since 2016, there is little point in having a mediation of a commercial dispute unless the evidence of the resolution of the issue for both parties is critically to be evidenced by way of a proper deed of settlement.
before you choose a person to mediate your dispute, ensure that whether by legal representation or otherwise that the mediator has the experience and skills to resolve your issues and assist you in evidencing the resolution.
Brad Wright is a practising lawyer, registered dentist and Nationally Accredited Mediator on the register of nationally accredited mediators the only authoritative list of mediators accredited under the NMAS by the Mediator Standard Board of Australia.