ABSTRACT

When the parties nally settle their dispute it is important that the mediator ensures that the verbal understanding is reduced to writing. This is important for several reasons, including ensuring that what was ‘verbally’ agreed to is truly understood by each side and that the details of the verbal agreement are then also agreed, that is, the ‘how’ of the agreement – how the agreement will be implemented, and other such details, which can only be fully determined in ‘writing’.