The mediator first arranges for the parties to sign the Mediation Agreement that will legally govern (and protect) their relationship and the mediation process. The mediation agreement being a binding legal document must correctly identify the (legal) names of the parties.
Once the mediator sets the date and time for the mediation, then both party:
- must attend the mediation,
- must negotiate in good faith,
- must pay half of the mediation fees.
A party is taken to attend mediation if the party is represented at the mediation by a person who has the authority to enter an agreement to settle the dispute on behalf of that party.