Overview of Mediation Agreement

 

What is this document?

This document is an agreement of understanding between two parties who are agreeing to use mediation to settle a dispute.  

 

When would I use this document?

This agreement may be used where parties have agreed to settle a dispute through mediation. It describes an “agreement of understanding” outlining the specifics of how the mediation will be conducted. It is intended to establish some preliminary rules and is used prior to the mediation itself.

 

Who signs this document?

This document is signed by the Plaintiff, Defendant and Mediator. The document can also be signed instead or in addition by the Plaintiff and Defendant’s counsel.

 

More details about this document

This document can outline certain things such as whether the mediation can be done via telephone or videoconference, whether information disclosed during mediation will be confidential, who can attend the mediation, and how the agreement can be terminated.

 

What are the core elements of this document?

Core elements of this agreement include Parties, Expenses, Definition of Confidential Information and Exclusions of Confidential Information.

Some examples of additional clauses include Notice and Independent Legal Advice.

 

Related Documents

Notice of Mediation – This document is a notice to both parties involved in a dispute that a mandatory mediation session will be occurring at a certain time and place.

 

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