ABSTRACT

There are three possibilities at the end of the mediation: the disputants do not reach an agreement; the disputants reach a partial agreement; or the disputants reach a full agreement. In each situation, what should the mediator do? Should the mediation necessarily end when the disputants reach agreement? How do disputants know that they cannot make the agreement better? If there is a final agreement, who should draft it? Should it be drafted in the room at the end of the mediation or at a later time? How can disputants make sure that the agreement will be adhered to? Should the agreement remain confidential?