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Mediation Agreement
Establish clear terms for dispute resolution with this Mediation Agreement Template.
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Mediation Agreement Template
This Mediation Agreement (“Agreement”) is entered into on [Date], by and between:
Party A: [Full Legal Name / Company Name]
Address: [Address]
Contact: [Phone, Email]
Party B: [Full Legal Name / Company Name]
Address: [Address]
Contact: [Phone, Email]
Mediator: [Full Legal Name]
Address: [Address]
Contact: [Phone, Email]
Collectively referred to as the “Parties.”
1. Purpose of Mediation
The Parties agree to engage in mediation to resolve the dispute arising from [brief description of dispute, e.g., “a contract disagreement dated [Date]”]. The goal is to reach a voluntary, mutually acceptable settlement.
2. Mediator’s Role
The Mediator is a neutral facilitator and does not represent either Party. The Mediator has no authority to impose a settlement but will assist in communication and negotiation.
3. Confidentiality
All mediation communications, discussions, and documents are confidential and may not be disclosed or used in litigation, except as required by law.
4. Participation and Good Faith
The Parties agree to participate in good faith, attend all scheduled sessions, and make reasonable efforts to reach resolution. Each Party may be represented by legal counsel.
5. Fees and Costs
Mediator’s Fee: $[Amount per hour/session].
Payment Responsibility: [Split equally between Parties / paid by one Party].
Additional costs (e.g., facility fees, transcription) shall be allocated as agreed.
6. Settlement Agreement
If the Parties reach an agreement, it shall be reduced to writing and signed by all Parties. The written settlement will be binding and enforceable in accordance with applicable law.
7. Termination of Mediation
Any Party or the Mediator may terminate the mediation at any time if it becomes clear that no resolution is likely.
8. Governing Law
This Agreement shall be governed by the laws of [State/Country].
9. Entire Agreement
This document represents the entire understanding of the Parties regarding mediation and supersedes prior discussions.
Signatures
Party A: ___________________________ Date: _________
Name/Title: _______________________________________
Party B: ___________________________ Date: _________
Name/Title: _______________________________________
Mediator: __________________________ Date: _________
Name: ____________________________________________
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Mediation Agreement
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For quick answers, scroll below to see the FAQ.
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For quick answers, scroll below to see the FAQ.
MEDIATION AGREEMENT FAQ
What is a Mediation Agreement?
A Mediation Agreement is a written contract between parties in conflict and a neutral mediator, outlining the rules, responsibilities, and process for resolving disputes outside of court.
Why is a Mediation Agreement important?
It ensures all parties understand their roles, provides a framework for fair discussions, and enforces confidentiality. It also promotes cooperation and helps avoid costly, time-consuming litigation.
When should you use a Mediation Agreement?
Use it whenever parties voluntarily agree to mediate disputes—whether business disagreements, contractual issues, family matters, or workplace conflicts. Courts may also order mediation before proceeding with a trial.
What should a Mediation Agreement include?
It should define the mediator’s role, the issues to be mediated, confidentiality provisions, participation requirements, fees, and whether any settlement reached will be binding.
Does mediation always lead to a binding resolution?
Not necessarily. Mediation is usually non-binding unless the parties reach a written settlement agreement, which can then become enforceable in court.
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