What's the Difference Between an "Agreement" versus a "Mediated Agreement?

Difference Between a General Agreement and a Mediated Agreement

In the context of relationships whether it is kinship, immediate or extended family, understanding the distinction between a general agreement and a mediated agreement is crucial for effective communication and conflict resolution. Here’s an overview of the differences:

General Agreement

• Definition: A general agreement is an informal understanding or consensus reached between two parties regarding specific issues or terms.

• Nature: It often lacks formal structure and can be based on verbal or written communication. The agreement can occur anywhere.

• Flexibility: General agreements can be more flexible and open to interpretation, allowing for adjustments as circumstances change. This open to interpretation means that it can be highly contested. It can be brought to courts of law as evidence, but can also be picked apart.

• Enforcement: Typically, general agreements are not legally binding and rely on the goodwill of the parties involved to uphold their commitments.

• Examples: Agreeing on who pays for repair of a car, deciding on vacation plans and payment, or setting boundaries in a relationship.

Mediated Agreement

• Definition: A mediated agreement is a resolution facilitated by a neutral third party (the mediator) who helps the involved parties communicate and negotiate their differences.

• Nature: It is often more structured and formal, with specific terms and conditions clearly outlined. The mediated agreement is a process that focuses on creating a safe environment to resolve conflict.

• Flexibility: While mediated agreements can still allow for some flexibility, they tend to be more definitive and focused on resolving specific issues. They are tailored to address the needs and the concerns of the parties. All parties must agree to the terms and sign in confidence and without duress.

• Enforcement: Mediated agreements are legally binding and must be documented properly, providing a higher level of accountability for all parties involved. The agreement is enforceable in courts of law.

• Examples: Agreements reached for estate matters, child support, child custody or parenting time, conflict resolution sessions, or legal mediation in divorce proceedings.

Conclusion

Understanding the differences between a general agreement and a mediated agreement can enhance communication and communication in relationships. While general agreements are more informal and flexible, mediated agreements provide structure and accountability, often leading to more effective conflict resolution.

Are you in need of a mediated agreement? Contact us, we can assist. Schedule a free consult today!