In April 2019, Ohpen launched legal proceedings seeking damages of $4.7 million, while Invesco brought in about $5.7 million. In its May 2019 submissions, Invesco argued for a stay of the legal proceedings in the hope that the Tribunal would effectively apply the agreement contained in the dispute settlement clause of the framework agreement as a condition of litigation. Ohpen objected to the application of the mediation agreement because it argued that the termination of the framework agreement meant that the parties would no longer be bound by that agreement. Farm Assist Limited v. The Secretary of State for the Environment, Food and Rural Affairs (No. 2)  (EWHC 1102 (TCC)) examined a procedure for repealing a settlement agreement reached during mediation due to alleged economic constraints. The mediation agreement contained a clause stipulating that the parties agreed not to question the Ombudsman as a witness in subsequent disputes, as well as conditions relating to confidentiality and privilege. The mediator was served with a summons of witnesses whom she wanted to dismiss, but the court decided that she had to testify. It was found that while the Tribunal generally maintains the confidentiality of mediation, it authorizes the obtaining of confidential case evidence where necessary in the interests of justice. In addition, although mediation is protected by unprejudiced protected privilege, the parties may decide to waive that privilege; It is a privilege that belongs to the parties, not the mediator. A mediation agreement is a contract document that defines the legal framework for mediation, including: in exercising its power to enforce the agreement by suspending the proceedings, the Tribunal has given additional instructions to improve the prospects of the parties opening their right to mediation: the Tribunal has ordered the parties to engage in briefs “so that substantive issues can be resolved before mediation.” The court (point 59) justified its decision by the fact that it “must also take into account the priority objective of the Code of Civil Procedure when considering the order.” The quintessent are always having your lawyer present during the mediation process.
Don`t hesitate to ask for a break to talk to your lawyer before you commit to anything. If mediation does not seem pleasant to you and you think the result is unfair, then you choose to end the conciliation session instead of approving the terms.