The contracting parties who sign the agreement ensure that the status of the agreement becomes a binding legal document and can be approved by a court. An agreement reached during mediation may be informal or formal. An informal agreement can be reached in all its forms, including a simple oral agreement to take certain measures to resolve the problems. When the parties opt for a formal agreement, the mediator can assist by developing a settlement document outlining what has been agreed, what action should be taken and when. The parties will approve it orally during mediation. The terms of the settlement will be sent at the signature of both parties. The mediation process begins with this focus on the identity of the parties, as the beginning will determine whether, at the end of the process, they have both the stability and the authority to reach an agreement and the power to sign it. In addition, it allows parties to identify themselves as individual bargaining units and to express themselves in order for them to accept the outcome. This authorization is the prerequisite for the success of the letter of a mediation agreement.
For organizations and companies represented by a collaborator in mediation, it is important to clarify the authority of the employee. It can be a bargaining power without being able to make final decisions; Maybe he`ll have to inquire about one of his superiors. In this case, the mediator is required to determine the exact extent of the negotiator`s power. This must be done in the first meeting, with gentleness and diplomacy, by asking simple and direct questions, such as: “If we reach an agreement, could you sign it?” or “Is there someone who needs to confirm your decisions?” The framework must be put in place at the very beginning of the drafting of the conciliation agreement. The purpose of the framework is simply to outline the central and relevant points of disagreement, to emphasize the mutual interest of both parties in resolving it, and to include a general statement that a solution has been found. All of this should be said simply and objectively, without going into the details of the conflict itself. At this point, the history of the conflict and all the details are omitted. It is valuable to be aware of what is being dealt with from the beginning. This ensures that the parties are oriented towards the common goal. 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.