Mediation Process Agreement

Mediation Process Agreement

A Mediation Process Agreement is a formal document that outlines the terms and conditions under which mediation will take place between parties in a dispute. This agreement serves as a foundational framework for the mediation process and helps ensure that all parties are on the same page regarding expectations, rules, and confidentiality.

Key elements typically included in a Mediation Process Agreement are:

1. Parties Involved: Identification of all parties participating in the mediation process.

2. Mediator Information: Details about the mediator, including their qualifications and role in facilitating the discussions.

3. Confidentiality Clause: A stipulation that all communications during the mediation are confidential and cannot be used later in court if the mediation does not result in a settlement.

4. Scope of Mediation: A description of the issues being mediated, clarifying the specific disputes to be addressed.

5. Ground Rules: Guidelines on how the mediation will be conducted, including the decorum expected from all participants, methods for speaking, and how decisions will be made.

6. Costs and Fees: Information regarding any fees associated with the mediation, how they will be shared among the parties, and payment terms.

7. Outcome and Enforcement: An outline of how agreements reached during mediation will be documented and the process for enforcing any settlement reached.

For example, if two business partners are in a dispute about the distribution of profits, they may enter into a Mediation Process Agreement to resolve their differences amicably. The agreement would specify that a neutral mediator will assist them in discussing their concerns, ensure that their conversations remain confidential, and outline how they will share the costs associated with the mediation sessions.