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For example, in Part B mediation, Party A provides its revenue and customer forecasts for the past 12 months. Party B settles its claim on the basis of these forecasts. There is no reason why Party B should not rely on the representation of Party A. If these predictions prove to be false and invoked by Party B (which caused it a loss), Party B may attempt to nullify the agreement reached during the mediation (unless the parties cannot be reduced to their original position) on the basis of misrepresentations. This naturally emphasizes the importance of “comprehensive contractual clauses” in well-developed transaction agreements. Since the mediation agreement is usually also signed by the Mediator, this opens up the possibility of bringing an action against the Mediator for infringement. In addition, the Ombudsman violates the explicit conditions of a mediation agreement (that he performs his duties with competence, impartiality, diligence, etc.), there is also an implicit provision according to which the Ombudsman provides his services with appropriate competence and care. Even if a party were able to overcome these obstacles, it will be difficult to show the real damage. One party would have to demonstrate this, but due to the Ombudsman`s negligence, it would not have agreed on those conditions.

It would be difficult to know what the parties would have done if the Mediator had not acted in the manner alleged. Given that many parties are represented by the law in mediations, this is likely a difficult hurdle to overcome. A Party may take measures to reduce the risk that settlement agreements will be cancelled or terminated on the basis of misrepresentation. In principle, a contract is only valid if it has been concluded voluntarily and voluntarily. If this is not the case, this may provide a basis for the repeal of the agreement. In Farm Assist Limited (in liquidation) against The Secretary of State for the Environment, Food and Rural Affairs (No. 2), the case concerned whether the settlement agreement resulting from the mediation should be set aside for economic constraint. For a videoconference (VC) mediation, however, lawyers cannot meet in the same way, and the person who must then sign (either the client`s principal representative or the lawyer they have delegated) may not have the option at home to print a printed copy – let alone the ability to create a PDF of that printed copy after signing…