Implied Agreements in Mediation Outcomes

Implied Agreements in Mediation Outcomes

An implied agreement in the context of mediation outcomes refers to an understanding or arrangement that is not explicitly stated but is inferred from the actions, behaviors, or circumstances of the parties involved. In mediation, which is a process where a neutral third party assists disputing parties in reaching a voluntary agreement, the dynamics of communication and negotiation often lead to parties developing mutual understandings that may not be formally documented.

Implied agreements can emerge from several scenarios during mediation. For instance, if two parties are discussing a resolution to a contractual dispute and one party presents an offer, while the other party nods in agreement without verbally confirming, this non-verbal cue can suggest an implied agreement to the terms discussed. Similarly, if parties engage in a series of negotiations where certain terms are repeatedly accepted without objection, these may create an implicit understanding that those terms will be included in the final agreement.

However, implied agreements can lead to complications if the parties have different interpretations of what was agreed upon. It is crucial for parties to clarify and document all agreements reached during mediation to avoid misunderstandings later. Legal professionals often advise parties to follow up on any implied agreements with formal written documentation to ensure all parties are on the same page regarding the terms of their arrangement. For example, after a mediation session, sending a summary email that outlines the key points discussed and the agreements made can help solidify any implied agreements into a clear, enforceable contract.