Sentences with phrase «enforce mediation agreements»

Appropriate use In considering whether the courts should use the power which they have now found to enforce mediation agreements they will, no doubt, bear in mind the desire to promote the wider use of mediation.

The Brokerage filed a motion seeking to enforce the mediation agreement as interpreted by the mediator.

Not exact matches

In relation to cross-border mediation, Art 7 of the Directive adds teeth to that expectation, by requiring member states to ensure that mediators must not be compellable to give evidence in civil proceedings or arbitration regarding information arising out of or in connection with a mediation, except where overriding considerations of public policy otherwise require, or where disclosure of the content of the mediation settlement agreement is necessary in order to implement or enforce it.

Success prospects Colman J, in Cable & Wireless, observed that what the court is being asked to enforce, in terms of a mediation agreement, is that the parties put their case before a mediator.

For this reason, in the author's view, the courts should generally enforce agreements to mediate even where there is a question mark over the likely success of the mediation itself.

For this to happen it is essential that mediation agreements are only enforced where it is likely to be advantageous to do so.

People are able to legally enforce the arrangements made during mediation sessions through the registration of a Minute of Agreement or by lodging a Joint Minute with the court.

Summary: Divorce mediation agreements are enforced as any regular court order, under two separate statutes, as well as under Colorado case law.

(3) A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute.

A: Yes, pursuant to the CEAM (Section 56) the mediation agreement as well as the arbitration award can be judicially enforced in the event the non prevailing party fails to comply.

Any terms that the parties agree to during the course of the mediation session that aren't put into writing in the mediation agreement can not be judicially enforced.