Mediating settlement is no easy task. To reach a settlement, the mediator must remain calm, cajole recalcitrant litigants and persuade without losing sight of the eventual goal — a written document, reflecting the complete terms of a mutual agreement to end the dispute.
A successful conclusion to mediation does not, however, necessarily mean the end to all controversy. When the time for performance arrives, unanticipated changed circumstances and disagreements over the meaning of terms may arise, often leading to a breakdown in the agreement. Anticipating such complications, mediators and parties alike frequently engraft into settlement agreements dispute resolution clauses designed to remove such uncertainty and to provide a mechanism for resolving future controversies.
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