5. The revisions to an interim agreement requested by the parties give the mediator an important instrument – an understanding of the parties` underlying intentions towards each other and how they actually perceive the mediation process that has taken place so far. 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. 6. Read the agreement aloud and other final steps The mediator must be sure that each of the parties has read the agreement separately. If it is necessary for the Ombudsman to read the agreement with each party individually, this should be done. The agreement should then be read while both parties are present to confirm the veracity of the comparisons agreed so far. In addition, the Ombudsman should confirm, during the reading, after each section, that both parties understand the provisions in the same way and that there is a meeting of the mind.
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. The results of the conciliation are flexible and are decided by the parties. Agreements reached during mediation may credit or debit the payment of the money or the non-payment agreement, give a reference to the work, make an apology, return property and whatever the parties agree to resolve the dispute. Mediation can also provide employers with the opportunity to identify compliance risks and performance management issues in their business and generate ideas to solve them. In the absence of agreement on mediation options, this may involve a referral to the Small Claims Court. The mediator has a primary obligation to clarify the capacity of the parties. Sometimes the mental or emotional capacity of one or both parties seems limited from the start. This is often due to the stress caused by conflict.
Although the reduction in capacity is caused by their conflict and may be temporary, they heighten emotions of anxiety, anger, excitement and general insecurity. As transient as these emotions may be, they are real for dissenting parties. A capacity limitation can only be revealed at a later stage of mediation. From time to time, such a restriction may warrant a brief interruption of the mediation process.