Mediation - binding and without appeal?

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    Pierre Antounian

    This one is a tough one, and in my very best efforts here, the question says “the resolution comes back in favor of the owner”. It does not say however that an agreement was signed between owner and architect (A binding agreement in mediation, not to be confused with B101). I would like to think the actual exam would be much clearer than just saying “resolution”. And further describe if a formal agreement was reached. I think a Mediater may reach a resolution but the parties may not formally agree. Again i’m assuming first resolution and then agreement in that order. I would like to hear other people’s opinions and I share your pain with you on this one. It feels like a gotcha question assuming my understanding of the question is correct. Others please chime in, this is a tough one.

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    Pierre Antounian (Edited )

    The more I think about it, the more I feel the question was not properly asked. Too much is left unsaid.
    I looked online:
    https://www.wipo.int/amc/en/mediation/guide/
    I’ll paraphrase but the two parties in dispute are not obligated to agree to a settlement and that mediation is “non-binding”.

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    Pierre Antounian

    On multiple sources including Amber and Pluralsight: Mediation is “non-binding”. So no need to appeal.

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    jennie sun

    Thank you Pierre! This was a tricky one 

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    Pierre Antounian

    My pleasure Jennie! I’m learning all this along with you.. lol. Yes it was tricky.

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