Preparing Memoranda and Agreements

Prerequisite: Mediation Skills and Process or an equivalent 20 hour basic mediation training.

One of the last acts in a successful mediation is the drafting of an agreement or memorandum of understanding. No matter how informal the mediation, a written document helps parties develop shared meaning and reality-test the terms of their agreement. This workshop will develop participants’ skills in preparing documents for parties, counsel, and court. It includes practical tips, hands-on practice, and a discussion of ethical and unauthorized practice of law issues.


Learning Objectives

  • Identify best practices in writing Memoranda of Understanding in various venues (workplace, family, court, etc.)
  • Practice writing agreements based on given case scenarios


Course Agenda

  1. Value of written mediated documents
  2. Mediator professionalism
    • Ethics
    • Unauthorized practice of law
    • Agreement types
  3. Eliciting the agreement
  4. Preparing useful documents
  5. Role-play activity
  6. Working with lawyers and preserving the integrity of the process


About the Instructor

Kathey J. Foskett

Ms. Foskett is an internationally recognized mediator, trainer of mediators, coach, facilitator and consultant in conflict management and subjects related to alternative dispute resolution (ADR), Equal Employment Opportunity (EEO) and other workplace conflict and employee relations.  Ms. Foskett is certified as a mentor mediator by the Virginia Supreme Court with an Advanced Certificate and holds Advanced Practitioner status with the Association for Conflict Resolution.  She is a certified CTI trained Co-Active Coach with ACC certification through the International Coaches Federation. She is a certified user of the Conflict Dynamics Profile (CDP), the Strength Deployment Inventory (SDI) and DiSC.

Ms. Foskett is a highly experienced professional who serves as a senior trainer for Virginia Supreme Court certified basic and advanced mediation programs.  She also provides mentoring, supervision, and consultation to mediators preparing for initial Supreme Court certification as well as for established mediators.   In addition, Ms. Foskett has provided thousands of hours of training for numerous government and private sector agencies and professionals in the areas of Alternative Dispute Resolution (ADR), Mediation, Conflict Prevention, Conflict Management and Resolution, Interest-based Negotiation and Communication Skills for Managers, Supervisors and Non-Supervisors.

Ms. Foskett has more than twenty-five years of experience and has mediated hundreds of EEO and other workplace disputes for federal and state agencies.