The Mediation Agreement is what it says : your agreement to mediate.
It is the contract or mediation terms upon which everyone taking part in the mediation is bound and must sign before they take part in the mediation.
As with any service, the agreement forms the terms of sale and gives confidence as to what will take place at the mediation as well as assurance as to how everyone should conduct themselves before, during and after the mediation.
Like most terms of business, each Mediation Agreement will differ depending upon the mediator and potentially the type of mediation.
It will however usually contain the following:-
- A description of the role of the mediator
- What will happen before the mediation to include any information that should be exchanged between the parties and/or shared with the mediator
- There is usually a time frame for information to be provided to the mediator before the mediation to ensure that there is plenty of time for the mediator to read the papers and become familiar with the issues
- An explanation of the mediation process; that it is voluntary and that there should not be any recording of the mediation itself
- A request for confirmation that those attending the mediation have the authority to settle the dispute
- Confirmation that the process takes place on a without prejudice basis
- That nothing is agreed until both parties sign a settlement agreement
- Details of the grounds upon which the mediation can be terminated
- The various aspects of confidentiality covering the mediation
- Details of the fees, expenses and provisions for any additional costs should the mediation not settle within the agreed time frame
The Mediation Agreement is the administrative framework for the mediation. Every mediator will want to ensure that everyone attending the mediation has signed the agreement before the process starts.
