The Mediation Retainer Agreement is a crucial document used in the Indian alternative dispute resolution landscape to formalize the relationship between professional mediators and their clients. It serves as the foundational contract that outlines the terms under which mediation services will be provided, incorporating requirements from the Indian Mediation Act 2023, the Indian Contract Act 1872, and relevant professional regulations. This agreement is essential for protecting both the mediator's and client's interests by clearly defining the scope of services, fee structures, confidentiality obligations, and professional responsibilities. It is particularly important in the Indian context where mediation is increasingly being recognized as a preferred method of dispute resolution, supported by recent legislative developments and court endorsements.
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1. Parties: Identification of the mediator and the client(s), including full legal names and addresses
2. Background: Context of the agreement and brief description of the mediator's qualifications and practice
3. Definitions: Key terms used throughout the agreement including 'Services', 'Mediation Sessions', 'Fees', etc.
4. Appointment and Scope of Services: Details of the mediator's appointment and specific services to be provided
5. Mediator's Obligations: Core responsibilities and duties of the mediator, including maintaining neutrality and confidentiality
6. Client's Obligations: Responsibilities of the client(s) including cooperation, good faith participation, and information provision
7. Fees and Payment Terms: Detailed fee structure, payment schedule, and billing procedures
8. Confidentiality: Confidentiality obligations of all parties and handling of sensitive information
9. Conflict of Interest: Provisions for identifying and handling potential conflicts of interest
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
11. Limitation of Liability: Extent and limitations of the mediator's liability
12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
13. Entire Agreement: Standard clause confirming this document represents the complete agreement between parties
1. Multiple Party Provisions: Additional terms for cases involving multiple parties in the mediation process
2. Virtual Mediation Procedures: Specific provisions for online or virtual mediation sessions
3. International Dispute Provisions: Additional terms for mediations involving international parties or cross-border disputes
4. Co-Mediation Arrangements: Terms governing arrangements where multiple mediators are involved
5. Interpreters and Translation: Provisions for cases requiring language interpretation or document translation services
6. Force Majeure: Provisions for handling unforeseen circumstances that may affect the mediation process
1. Schedule A - Fee Schedule: Detailed breakdown of fees, including hourly rates, session fees, and additional charges
2. Schedule B - Mediator's Qualifications: Detailed information about the mediator's credentials, certifications, and experience
3. Schedule C - Mediation Procedures: Detailed procedures and protocols for the mediation process
4. Appendix 1 - Code of Conduct: Applicable ethical guidelines and professional standards for the mediation process
5. Appendix 2 - Confidentiality Agreement: Detailed confidentiality terms for all participants in the mediation
6. Appendix 3 - Conflict Check Form: Form for declaring potential conflicts of interest
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