GENERIC MEDIATION AGREEMENT
The following provisions can be used if the parties wish to have them added:
The undersigned, having met in mediation, hereby agree as follows:
1. It is the intent of this Agreement is to produce a fair and equal result and to effect a complete and final settlement of all outstanding disputes between the parties.
2. Each of the agreements which follow has been reached voluntarily. The mediators who helped us reach these agreements did not act as our attorneys or agents, and are not responsible in any way for the substance of this Agreement.
3. We have been advised of our right to secure independent legal and financial advice before this agreement becomes final.
4. We agree that everything that was said in mediation is confidential and cannot be used in any subsequent court proceeding.
5. The purpose of this Agreement is to summarize our tentative agreements. It is not intended to be legally binding unless specifically stated herein or agreed to hereafter.
6. We agree that all disputes over the interpretation or enforcement of this Agreement shall be referred first to mediation.
SAMPLE WORKPLACE MEDIATION AGREEMENT
Agreement on Goals for the Relationship
1. Mutual respect
2. Greater understanding of each other's problems
3. Greater willingness to work toward a mutually agreeable solution.
The following points were agreed to as ways of achieving these goals:
A. Margaret agrees to:
1. Develop better skills in handing employees. Contribute more and be more understanding
2. Be more supportive, of Frank and the Central Administration Office.
3. Contribute more to developing teamwork.
In doing so, Margaret expressed the following concerns.
1. Recognition by Frank that there may be a trade-off of deadlines and efficiency with better personnel management;
2. Greater communication from Frank about problems he faces;
3. Inclusion as a team member and equal and fair treatment.
B. Frank agrees to:
1. A fair and objective personnel evaluation which reflects the actual operating condition of the division.
2. To try to bring Margaret up to comparable pay; to ask his boss for an increase to make her whole.
3. Additional Section Leader position: greater acknowledgment.
4. Budget control for each division. Margaret will explore alternatives for manager collaboration on budget issues, present them to Frank, and Frank will consider them with an open mind.