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.
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Explore ReferentThis 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.”
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.
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.
All mediation communications, discussions, and documents are confidential and may not be disclosed or used in litigation, except as required by law.
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.
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.
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.
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.
Any Party or the Mediator may terminate the mediation at any time if it becomes clear that no resolution is likely.
This Agreement shall be governed by the laws of [State/Country].
This document represents the entire understanding of the Parties regarding mediation and supersedes prior discussions.
Party A: ___________________________ Date: _________
Name/Title: _______________________________________
Party B: ___________________________ Date: _________
Name/Title: _______________________________________
Mediator: __________________________ Date: _________
Name: ____________________________________________
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For quick answers, scroll below to see the FAQ.
Frequently asked
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.
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.
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.
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.
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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