A template agreement to mediate a dispute, governed by the law of England & Wales. It records the parties' agreement to attempt to resolve their dispute with the help of a mediator, and the conditions of the mediation.
How to use this template - Replace every
[SQUARE-BRACKET]field before use. - Mediation is without prejudice and confidential, and the mediator does not decide the dispute. Under this agreement, the parties agree that any settlement will not be binding unless and until it is recorded in writing and signed by the parties (or their authorised representatives); see clause 5 and our separate settlement agreement template. - If court proceedings are already on foot, the mediation can be arranged around the court timetable, and any settlement can be made into a consent/Tomlin order. - Have a solicitor review before use.
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THIS MEDIATION AGREEMENT is made on [DATE]
BETWEEN (1) [PARTY A NAME] of [ADDRESS]; (2) [PARTY B NAME] of [ADDRESS] (the "Parties"); and (3) [MEDIATOR NAME] of [ADDRESS] (the "Mediator").
Agreed terms
1. The dispute. The Parties are in dispute concerning [DESCRIPTION OF THE DISPUTE] [and proceedings [CLAIM NO.] are/are not on foot] (the "Dispute"). They agree to attempt to resolve it by mediation.
2. The mediation. The mediation will take place on [DATE] at [PLACE / by video], conducted by the Mediator in accordance with this Agreement.
3. Role of the Mediator. The Mediator will facilitate negotiations impartially to help the Parties reach their own settlement. The Mediator will not impose or decide an outcome, give legal advice, or act as a judge or arbitrator.
4. Without prejudice and confidentiality. The mediation is conducted on a without prejudice basis. Everything said, done or produced for the mediation is confidential and will not be disclosed or used in any proceedings, except: (a) a concluded written settlement; (b) where disclosure is required by law; or (c) with the consent of those concerned. Information shared privately with the Mediator will not be passed to the other Party without consent.
5. No binding outcome unless in writing. Any settlement reached is not legally binding until and unless it is set out in writing and signed by the Parties (or their authorised representatives).
6. Authority to settle. Each Party confirms that the person attending has authority to settle the Dispute (or access to someone who does).
7. Fees and costs. The Mediator's fees and the costs of the mediation venue are £[AMOUNT], to be shared [equally / as agreed]. Each Party bears its own legal and other costs of the mediation.
8. Mediator's status and liability. The Mediator acts as a neutral facilitator and is not liable for any act or omission in the mediation except for fraud or other liability that cannot lawfully be excluded.
9. Termination. Any Party or the Mediator may end the mediation at any time.
10. Governing law and jurisdiction. This Agreement is governed by the law of England and Wales, whose courts have jurisdiction.
Execution
Signed by [PARTY A]: __________________ Date: [DATE] Signed by [PARTY B]: __________________ Date: [DATE] Signed by [MEDIATOR]: __________________ Date: [DATE]
--- This template is a starting point and not legal advice. Have a qualified solicitor review and adapt it before use. Governing law: England & Wales.