Which of these is NOT typically a part of mediation?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The focus of mediation is primarily on facilitating communication and negotiation between parties to reach a mutually agreeable solution. During mediation, participants engage in various essential processes that contribute to this goal.

Generating options is a crucial step where the parties brainstorm and propose potential solutions to address their issues. Understanding the problem is equally vital as it involves identifying the underlying interests, needs, and concerns of each party, which is fundamental to crafting a resolution that satisfies all involved.

While implementing the agreement can be part of the mediation process, it typically refers to the execution of the terms that the parties have agreed upon during mediation. However, enforcing contractual obligations usually falls outside the mediation process itself. Once an agreement has been reached, its enforcement may require subsequent legal action if one party fails to comply with the terms.

Thus, enforcing contractual obligations does not form part of the mediation phase, making it the correct choice for what is typically NOT included in mediation. The mediation process focuses more on dialogue, negotiation, and finding common ground, rather than on enforcing agreements or obligations.

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