5. The revisions to an interim agreement requested by the parties give the mediator an important instrument – an understanding of the parties` underlying intentions towards each other and how they actually perceive the mediation process that has taken place so far. The mediator must examine the position of that representative within and even before the conflict. Is the negotiator the seller who has reached an agreement? The CEO of the company? The lawyer? All of this will colour the conciliation process. It is important to ask these questions in a simple, non-judicial way, rather than asking questions in a way that arouses mistrust. It is a good idea to move forward on issues or clarify issues, such as, “The reason we are asking for this is that if and when we have to reach an agreement, it is essential for the mediation process that the people around the table have the power and the ability to implement the agreements that are concluded here in the mediation process.” A written agreement is not necessarily the barometer of successful mediation. Sometimes a certain dynamic develops, which pushes the parties to overcome their differences so profoundly that they do not feel the need for a written agreement. The mediation process begins with this focus on the identity of the parties, as the beginning will determine whether, at the end of the process, they have both the stability and the authority to reach an agreement and the power to sign it. In addition, it allows parties to identify themselves as individual bargaining units and to express themselves in order for them to accept the outcome. This authorization is the prerequisite for the success of the letter of a mediation agreement. A ranking of the points at issue answers two questions.
First, from the point of view of the parties themselves, what do they consider most important? For example, in the event of a labour dispute, it may be necessary to anticipate the assessment of the issues, not to mention decisions on financial compensation or other resolutions. Second, what do logic, law and social norms say? In a marital dispute governed by Jewish law, the effective granting of the foreclosure slip (formal divorce bill) may precede the resolution of custody and property accounts. The Court relied heavily on a provision of the MOA to clarify the parties` intention regarding the enforceability of the MOAs and notwithstanding any further action to be taken, according to which “[d]a/the agreement is enforceable, regardless of the consideration of a more comprehensive written agreement.” Such a provision has been applied in a number of well-established cases in Massachusetts that deal with the applicability of agreements to be replaced by more detailed agreements reminiscent of the previous agreement.