The Civil Mediation Agreement serves as the foundational document for parties entering into mediation under English and Welsh law. This contract type is specifically designed to facilitate alternative dispute resolution while protecting all parties' interests and ensuring compliance with relevant legislation. The agreement typically becomes necessary when parties have agreed to mediate their dispute but need to establish the ground rules, confidentiality obligations, and practical arrangements before commencing the process. It includes essential provisions about the mediator's appointment, the conduct of the mediation, costs, and the binding nature of any settlement reached.
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1. Parties: Identification and details of all parties to the mediation
2. Background: Brief overview of the dispute and decision to mediate
3. Definitions: Key terms used throughout the agreement
4. Appointment of Mediator: Details of the appointed mediator and their role
5. Confidentiality: Obligations regarding confidentiality of the mediation process
6. Mediation Process: Structure and conduct of the mediation
7. Costs: Distribution of mediation costs between parties
1. Virtual Mediation Provisions: Additional terms and procedures for mediations conducted remotely via video conferencing or other digital means
2. Multi-Party Provisions: Specific provisions governing the conduct of mediation when more than two parties are involved
3. International Elements: Special provisions addressing cross-border aspects of the mediation including jurisdiction and applicable law
1. Schedule 1: Mediator's Fee Schedule: Detailed breakdown of mediator's fees and payment terms
2. Schedule 2: Mediation Rules: Detailed procedural rules governing the mediation
3. Appendix A: Confidentiality Undertaking: Additional confidentiality agreements for observers or experts
4. Appendix B: Summary of Dispute: Brief outline of the matters in dispute
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