If the parties have agreed that the mediation is private, or what is called closed mediation, the Mediator cannot later be asked to say what happened. In other words, if the Memorandum of Understanding never becomes a definitive contract, the Ombudsman can only say that there has been an agreement or no agreement. Therefore, if the parties change their minds, when they consult their lawyers and consult legal advice, and if the mediation is private, the details will not be disclosed by the Mediator when the parties later go to court. It is very unusual for a mediation agreement to be overturned. Normally, neither party will want this, since the mediation agreement is the effort of each participant to give their agreement at the mediation hearing and was only signed if the participants accepted the terms of the agreement reached. The parties have the opportunity to continue or interrupt the mediation sessions. In a case of judicial mediation, the mediation is simply declared unsuccessful and the case advances in court. Once the Family Solicitors have established the agreement known as the « referral of agreement », it will be signed by all parties and sealed by the court. This will ensure that the agreement is legally binding and can be enforced by the court if one of the parties violates the agreement.
The latter priority makes mediation particularly appropriate when the dispute between the parties to a contractual relationship continues, such as.B. of a license agreement, distribution agreement or a joint research and development (R&D) agreement, since, as stated above, mediation makes it possible to find a solution by also referring to commercial interests and not only to the strict legal rights and obligations of the parties. . . .