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Mediation Agreement

This Mediation Agreement template is used to formalize an agreement between parties to engage in mediation for dispute resolution, outlining the terms, conditions, and confidentiality of the mediation process. It is suitable for various disputes within a business context.

Updated 15d ago
mediation agreementdispute resolutionalternative dispute resolutionADRconfidentialitysettlementSouth Africalegal

{{company_letterhead_block}}

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

MEDIATION AGREEMENT

This Mediation Agreement ('Agreement') is made and entered into on this {{day}} day of {{month}}, {{year}}, by and between:

Party A: {{party_a_name}}, with its principal place of business at {{party_a_address}} ('Party A'); and

Party B: {{party_b_name}}, with its principal place of business at {{party_b_address}} ('Party B').

Collectively referred to as 'the Parties'.

1. APPOINTMENT OF MEDIATOR

The Parties hereby appoint {{mediator_name}} (the 'Mediator'), whose address is {{mediator_address}}, to serve as the mediator in the dispute concerning {{nature_of_dispute}} (the 'Dispute'). The Mediator's role is to facilitate communication and assist the Parties in reaching a mutually acceptable resolution of the Dispute. The Mediator does not represent either Party and will not offer legal advice or make decisions for the Parties.

2. PURPOSE OF MEDIATION

The purpose of this mediation is to provide a structured process for the Parties to openly discuss and explore potential solutions to the Dispute. The Parties agree to participate in good faith and to make genuine efforts to resolve their differences through negotiation and discussion facilitated by the Mediator.

3. CONFIDENTIALITY

All communications, negotiations, and discussions made in the course of the mediation are confidential and shall not be disclosed to any third party, nor shall they be admissible as evidence in any judicial or arbitration proceeding, except where disclosure is required by law or necessary for the enforcement of any mediated settlement agreement. The Mediator shall also keep confidential all information disclosed during the mediation. There shall be no stenographic record or electronic recording of the mediation process.

4. VOLUNTARY PARTICIPATION AND WITHDRAWAL

Participation in the mediation is voluntary. Either Party or the Mediator may withdraw from the mediation at any time by providing written notice to the other Party and the Mediator. The Parties understand that the Mediator may terminate the mediation if, in their judgment, further mediation would not be productive.

5. MEDIATION FEES AND COSTS

The fees and expenses of the Mediator shall be borne {{payment_split_description}} by the Parties. Each Party shall be responsible for their own legal fees and costs incurred in connection with the mediation, unless otherwise agreed in writing.

Mediator's hourly rate: {{mediator_hourly_rate}}

Estimated number of mediation hours: {{estimated_hours}}

Total estimated mediation cost: {{total_estimated_cost}}

7. SETTLEMENT AGREEMENT

If the Parties reach a settlement during the mediation, the terms of such settlement shall be reduced to writing and signed by both Parties and their legal representatives (if applicable). Such a written settlement agreement shall be legally binding and enforceable.

8. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of {{applicable_jurisdiction_country}}.

Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the jurisdiction of {{applicable_courts_or_tribunal}}.

SIGNATURES

IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above.

FOR PARTY A:

_____________________________

Name: {{party_a_ signatory_name}}

Title: {{party_a_signatory_title}}

Date: {{date_a}}

FOR PARTY B:

_____________________________

Name: {{party_b_ signatory_name}}

Title: {{party_b_signatory_title}}

Date: {{date_b}}

MEDIATOR:

_____________________________

Name: {{mediator_name}}

Date: {{date_mediator}}

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