Mediator Tips
Writing the Resolution

Hopefully, your mediation will end with a resolution. However, to keep the parties from returning, a good resolution must be several things. First, it should be simple so that all parties can easily understand what it says. Second, it should be specific as to who does what and when they do it. Ambiguity can lead to more disagreements. Third, it must be balanced so that everyone is doing something. Fourth, there should be a universal consensus about the agreement; that is, everyone must agree to all parts of it. Finally, it needs to be practical. If an agreement asks the near impossible, it is unlikely that the parties will be able to hold to it and will slide back into conflict. Make sure to ask them if they feel they can do what they've agreed to.

Here are some helpful tips for writing a resolution:

• Offer an opening statement to frame the agreement but leave it up to them if they wish to use it or not.
• Use the parties’ names in the agreement and identify their relationship, i.e. John and Mary have a landlord-tenant relationship. Alternate names throughout the agreement.
• Use the parties’ own words as much as possible. Don’t add issues that they did not discuss in session.
• Add in any positive emotions from the session but don’t make any up. If there weren’t any “warm and fuzzies”, don’t add any.
• Avoid ambiguous terms such as "reasonable" or "soon" and don’t use any legal terminology, unless directed to and/or under the guidance of a court.