Facilitating the parties’ decision refers to the mediator’s role in guiding the parties through the process of making an informed choice about whether to settle the dispute. This involves providing a supportive environment for open dialogue, helping parties evaluate their options, and ensuring they understand the implications of their decisions.

Formalizing the settlement agreement refers to the active steps the mediator takes to support the parties, with the assistance of their lawyers, in translating their mutual understanding and commitments into a legally binding document containing all the essential clauses, which can then be executed in the jurisdiction where enforceability is sought.

Considering other ADR procedures refers to the act of directing the discussion to the numerous benefits that other ADR procedures may offer and how they may apply to the case if the parties do not reach a settlement in mediation.

The mediator’s goal of exiting a mediation process responsibly is to ensure that, if no agreement is reached, the parties do not end up in a worse position than at the outset – avoiding increased frustration, heightened conflict, or unresolved tensions. It is also related to their responsible exit that, regardless of whether an agreement is reached, mediators should aim to empower the parties to continue addressing their issues independently, with the capacity to engage constructively in the future.

Assisting participants in reaching their goals during the Enable Resolution stage of mediation means helping them reach a final decision about the potential settlement under discussion by ensuring the parties are well aware of all provisions and their implications for the future.