ADR Writing
you are reviewing the ground rules for mediation and agreements to mediate that attempt to explain and incorporate those ground rules for the parties to agree to at mediation.
Some of the key components of these ground rules are:
1. The process is voluntary.
2. The process is confidential.
3. The parties must agree to negotiate in good faith and have decision making authority.
4. The mediator is neutral and does not have decision making authority.
Review at least two of the following Agreements to Mediate for samples of how ground rules are used in mediation and assess whether they cover these components.
1. https://www.adrservices.org/pdf/ADR%20Mediation%20Rules%205.10.pdf
2. https://www.mediate.com/articles/melamed6.cfm
3. https://www.hhs.gov/dab/divisions/adr/mediation/mediate.html
4. https://courtadr.org/files/CivAgrmtMed.pdf
5. https://frankgarfield.com/sample-mediation-agreement.html
Then explain your findings. The idea is to assess the documents on how well, or not so well, they address these criteria. It may be that some address some components better than others, etc. Also, you can include what changes, if any, you might make to the documents so that certain components were addressed better, etc
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