Writing Agreements

Training on Community Mediation

MedNet
The Values of a Written Agreement
• It clearly spells out what the parties have
agreed. The written documentation prevents
misunderstanding.
• Having to write down the agreement enables the
mediator to insist that disputants review the
details of each issue and commit themselves out
loud.
• It gives the parties a real sense of closure and
accomplishment. It is a tangible product of their
work at the mediation table.
 Principles of Written Agreements

1. Clarity

• Unambiguous
• Plain language
 Principles of Written Agreements
2. Enforceability

• Sufficient detail that an “outside” person could

figure out who was supposed to do what.
• Both parties receive some benefit from the
agreement
• “Meeting of minds”
• Intention for agreement to be binding
• Limit the agreement to what the parties will do
 Principles of Written Agreements

3. Neutral, Positive Language

• Avoid statements of blame

• Use conciliatory tone
• Choose words that de-escalate conflict
 Elements of Written Agreements
1. Preamble

• Names and identification of parties

• Topic or purpose of mediation (“to
resolve issues related to…”)
 Elements of Written Agreements

2. Specific Agreements

• Agreements in principle
• Specific exchanges or actions
• Implementation steps (who will do what,
where, when, how, etc.)
• Conditions (if … then…)
 Elements of Written Agreements

3. Closing

• Final statement (“parties agree that this

is the full and final statement on this
issue …)
• Signature/dates