Agreement to Mediate

Agreement to Mediate

An Agreement to Mediate is a formal contract between parties involved in a dispute, outlining their intention to participate in mediation as a method for resolving their differences. Mediation is a voluntary process where a neutral third-party mediator assists the disputing parties in reaching a mutually agreeable resolution without resorting to litigation.

The Agreement to Mediate typically includes several key elements:

1. Identification of the Parties: The agreement specifies the parties involved in the dispute who are agreeing to mediate.

2. Scope of Mediation: It outlines the issues or disputes that will be addressed during the mediation process.

3. Selection of Mediator: The parties may agree on a specific mediator or criteria for selecting a mediator, ensuring that the chosen individual is impartial and qualified.

4. Confidentiality Clause: This provision ensures that any discussions or disclosures made during mediation remain confidential and cannot be used as evidence in subsequent legal proceedings.

5. Voluntariness: The agreement emphasizes that participation in the mediation process is voluntary, and parties are free to withdraw at any time.

6. Timeline and Procedures: It may outline the timeline for the mediation process and specific procedures to be followed, including how meetings will be scheduled.

7. Costs: The agreement may address the allocation of costs associated with the mediation, including the mediator’s fees and other related expenses.

An example of an Agreement to Mediate might involve two business partners in a disagreement over the terms of their partnership agreement. They would enter into an agreement specifying their intention to mediate, detail the issues at stake, select a mediator, and establish the confidentiality of their discussions. By doing so, they commit to seeking a resolution through mediation rather than litigation, allowing for a more amicable and efficient resolution to their dispute.