Few trials end with a judge`s decision. Most court proceedings will end with a transaction that both parties approve. If the parties reach an agreement, the terms of the agreement are explained in a written settlement agreement. An agreement is usually a compromise in which both parties give and accept. This agreement may be written by the parties themselves or with the help of a neutral person, such as a mediator, arbitrator or other agents. It is also important that you take the time to prepare before these negotiations begin. Good preparation gives you more confidence in mediation or conciliation negotiations. Does this agreement protect the most important interests for me? You can see that you can agree on some, but not all, issues in the litigation. If so, you got a “partial count.” This is always helpful because it means that the judge will have fewer issues to decide in court. If you reach an agreement, be sure to submit it in writing.
Both parties must date it and sign it. If one of you breaks the contract, you can appear. If the judge has not approved your agreement, the signed document indicates the intentions of the parties – but that is not necessarily applicable. The judge will decide whether you maintain the agreement. If you sign an agreement written during court-ordered mediation, the agreement is generally enforceable. If you can`t get along, you can go back to the trial. A good solution is to create solutions that meet, to some extent, the needs of both parties. Its solution may not be perfect, but it should be beneficial to all concerned. Over time, the parties are more willing to comply with such a transaction than at the behest of a judge. Negotiations do not have to be face to face, but often the most successful way to negotiate is personal. There may be reasons why you do not want to meet personally with the other party. In this case, you can use a mediator to act as an intermediary.
You and the other party can agree by phone calls, emails, text messages or letters.