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Mediation Settlement Agreement Template
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Mediation Settlement Agreement Template
This Mediation Settlement Agreement (the “Agreement”) is made as of [Effective Date] by and between:
Party A: [Full Name], address: [Address]
Party B: [Full Name], address: [Address]
Mediator (Optional): [Mediator Name]
Mediation Date: [Date]
Case/Court (Optional): [Court/County], Case No.: [__]
1. Purpose
1.1 The Parties participated in mediation and reached a settlement resolving the issues described below.
1.2 This Agreement is intended to be: ☐ binding upon signature ☐ subject to court approval (if required).
2. Issues Resolved
2.1 The settlement resolves the following issues (check all that apply):
☐ Property division
☐ Debt allocation
☐ Spousal support
☐ Child custody/parenting time
☐ Child support
☐ Business dispute terms
☐ Employment dispute terms
☐ Other: [List]
3. Settlement Terms
3.1 Payments (If Any):
Party [A/B] will pay Party [A/B] $[Amount] by [Date] via [Method].
Payment schedule (if any): [Installments].
3.2 Property Transfers (If Any):
Real estate: [Address + transfer steps + deadlines]
Vehicles: [Details]
Personal property: [Allocation]
Accounts/retirement: [Division/QDRO as needed]
3.3 Debts: Debts will be paid as follows: [List].
3.4 Support (If Applicable):
Spousal support: [Amount/duration]
Child support: [Amount/terms]
3.5 Parenting Plan (If Applicable):
Legal custody/decision-making: [__]
Parenting schedule: [__]
Holidays/vacations: [__]
Exchanges/transportation: [__]
Communication rules: [__]
3.6 Other Terms: [Confidentiality, non-disparagement, etc.].
4. Releases (Optional)
4.1 Upon full performance, each Party releases the other from claims arising out of: ☐ the dispute ☐ the marriage/relationship ☐ other: [Scope], except for obligations in this Agreement.
5. Confidentiality (Optional)
5.1 Settlement terms: ☐ confidential ☐ not confidential, subject to court filing requirements.
5.2 Exceptions: disclosures to attorneys, tax advisors, and as required by law.
6. No Admission
6.1 This Agreement is a compromise and is not an admission of liability.
7. Enforcement and Default
7.1 If a Party breaches, the other may seek enforcement.
7.2 Cure period (optional): [__] days after written notice.
7.3 Attorney fees (optional): ☐ each pays own ☐ prevailing party ☐ as ordered.
8. General Terms
8.1 Voluntary Agreement: The Parties sign voluntarily.
8.2 Independent Advice: Each Party had the opportunity to consult counsel.
8.3 Severability: If part is unenforceable, the remainder remains effective.
8.4 Governing Law: [State/Country].
Signatures
Party A: [Full Name]
Date: [Date]
Signature: ___________________________
Party B: [Full Name]
Date: [Date]
Signature: ___________________________
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Mediation Settlement Agreement Template
MEDIATION SETTLEMENT AGREEMENT TEMPLATE FAQ
What is a mediation settlement agreement?
A Mediation Settlement Agreement is a written contract that records the terms the parties agreed to during mediation. It can be used in family law, business, employment, or other disputes. In family matters, it often covers property division, support, custody, and parenting schedules.
Is a mediation settlement agreement legally binding?
Often yes once signed, but enforceability depends on local law and whether required formalities are met (like court approval in custody cases). This template includes a “subject to court approval” option where applicable.
What should be included?
Include: parties, case information (if any), what issues were resolved, specific settlement terms, deadlines for payments or transfers, releases, confidentiality (optional), and how disputes will be handled. This template includes flexible sections you can tailor.
Should it be filed with the court?
Sometimes. If it’s part of a court case, the parties may submit it for approval or incorporate it into a final order. This template includes a section to state whether it will be submitted to the court.
What if one party doesn’t comply?
The agreement should include enforcement options, deadlines, and attorney fee provisions if allowed. This template includes a default and enforcement section.
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