The final minutes will determine the conclusion of the procedure and, therefore, with its signature the mediator's work will end.
How to write a sample final mediation record
As we already know, The mediation procedure is governed by the principle of voluntariness and can therefore conclude:
- In agreement, whether total or partial. When the mediation concludes with an agreement, the final record must reflect the agreements reached in a clear and understandable manner.
- Without reaching agreement, either because all or some of the parties exercise their right to terminate the proceedings, notifying the mediator, or because the maximum period agreed upon by the parties for the duration of the procedure has elapsed (and they did not want to extend it), as well as when the mediator justifiably appreciates that the positions of the parties are irreconcilable or there is another cause that determines its conclusion. In these cases, a final act must be drawn up that includes the reason for its termination.
In both cases, The final act must be signed by all the parties and by the mediator or mediators. and an original copy will be delivered to each of them. If any of the parties do not wish to sign the minutes, the mediator will record this circumstance therein, giving a copy to the parties who wish to do so.
Necessary requirements for the final act
Law 5/2012 of July 6, mediation in civil and commercial matters, It does not include any further requirements regarding the final mediation record; however, in order to give it a certain formality, in my opinion it will be convenient for the record to contain, in addition to the above, the following issues:
- The identity and address of the parties.
- The identity and professional data of the mediator or mediators who have intervened in the process and, where appropriate, the mediation institution in which the procedure has been developed.
- He place and date on which it is subscribed.
- that has been followed mediation procedure adjusted to the provisions of the Law, with assistance from the parties on a voluntary basis.
- If applicable, a clause regarding whether the parties agree that the mediation agreement be judicially approved within the framework of a judicial process (intrajudicial mediation) or, otherwise, if it is agreed that it be raised to a public deed before a notary.
- A submission to mediation clause for the resolution of possible future conflicts in relation to the agreements reached.
- Data relating to the cost of mediation, such as whether the cost of the process has already been paid, or, where applicable, the amounts pending payment, and to whom, and in what proportion their payment corresponds, as well as the form and/or time of that payment.
- A clause relating to the Personal Data Protection Law.
- And of course, and as required by Law, the agreements reached in a clear and understandable manner, so that the obligations that each party assumes are well defined.
