The Ombudsman is in charge of the trial. He or she should take control of the process and help the parties resolve it. The Centre for the Resolution of Effective Disputes (CEDR) notes that the Ombudsman performs several important functions during mediation and should:6 If no agreement is reached, this does not mean that mediation has not been successful. The parties can better understand their dispute, which may lead to future efficiencies in resolving the dispute, or the parties can resolve their disputes shortly after mediation. Since mediators do not act as legal advocates for one of the parties, but as neutral mediators to promote the interests of each party, the parties should consult with their legal representative before signing the final agreement. This helps to ensure that nothing in the agreement violates or ignores their legal rights. The Ombudsman should confirm that each of the parties has done so. Each party is encouraged to consult with their legal counsel of their choice; The mediation centre lawyer does not need to be used, although this is an option for anyone interested. When consulting with a private lawyer, it is important that the lawyer be someone who understands and appreciates the mediation process.
This is how it can obtain and support the agreement instead of sabotaging the work done during conciliation, as reflected in the resulting agreement. Nevertheless, the possibility of necessary legal revisions is normal and should be expected. As an alternative process, mediation is in itself less formal than traditional processes. As such, his internal ways are less formal. In many Western cultures, informality is signalled by the use of first names. This is a testament to intimacy and intimacy, which encourages mediation. This should not indicate that the use of first names has the same meaning in all cultures. Within each culture, it is up to mediators and parties to find appropriate ways to create a more relaxed and informal environment. If we propose the use of first names, it is designed as a proxy for informality. This means that in any culture, regardless of the expression and communication of personalization and informality, it is necessary to be involved in mediation. 6. Conciliation Declarations: Contracting parties send written mediation statements to the Mediator and other contracting parties at least one week before the scheduled conciliation meeting.
The written statements describe the positions of the contracting parties, previous comparative positions and contain all substantive documents (such as briefs, court decisions, contracts or opinions) necessary to enable the mediator to understand the dispute. The parties may also provide the mediator with a private statement (i.e. a statement that is not communicated to other parties) on issues or negotiating positions.