Company Letterhead
{{company_name}}
{{company_address}}
Phone: {{phone}}
Email: {{email}}
Website: {{website}}
MEDIATION AGREEMENT
This Mediation Agreement (the 'Agreement') is made and entered into on this {{day}} day of {{month}}, {{year}}, by and between:
**Party A:** {{party_a_name}}, residing at/with principal place of business at {{party_a_address}} (hereinafter referred to as 'Party A').
**Party B:** {{party_b_name}}, residing at/with principal place of business at {{party_b_address}} (hereinafter referred to as 'Party B').
**Mediator:** The appointed mediator is {{mediator_name}}, residing at/with principal place of business at {{mediator_address}} (hereinafter referred to as 'the Mediator').
(Collectively referred to as 'the Parties').
BACKGROUND
The Parties are currently involved in a dispute concerning {{nature_of_dispute_brief_description}} (the 'Dispute').
The Parties agree to engage in mediation to attempt to resolve the Dispute amicably and without recourse to formal litigation or lengthy arbitration processes.
PURPOSE OF MEDIATION
The purpose of this mediation is to provide a structured process to assist the Parties in reaching a mutually acceptable resolution to the Dispute.
The Mediator will facilitate communication, identify issues, and explore settlement options, but will not impose a decision on the Parties.
ROLE OF THE MEDIATOR
The Mediator is an impartial third party whose role is to facilitate negotiation between the Parties. The Mediator will:
a. Maintain neutrality and impartiality throughout the mediation process.
b. Not offer legal advice or represent any Party.
c. Guide the Parties to explore solutions, without making decisions for them.
d. Hold private sessions (caucuses) with each Party as deemed necessary.
e. Maintain confidentiality as per the terms of this Agreement.
CONFIDENTIALITY
All information, discussions, documents, and disclosures made during the mediation process, including any settlement proposals, shall remain confidential.
The Parties and the Mediator agree not to disclose any confidential information to third parties, except where required by law, or with the express written consent of all Parties.
Nothing said or done in the course of the mediation shall be admissible as evidence in any judicial or administrative proceeding, unless all Parties agree otherwise.
The Mediator shall not be called as a witness in any proceeding related to the Dispute.
VOLUNTARY PARTICIPATION
Participation in this mediation is voluntary. Any Party may withdraw from the mediation at any time by providing written notice to the other Parties and the Mediator.
If the mediation terminates without a resolution, the Parties retain their right to pursue other legal remedies.
COSTS OF MEDIATION
The costs associated with the Mediator's fees and expenses shall be shared equally by Party A and Party B, unless otherwise agreed in writing.
Each Party shall bear its own legal and other costs incurred in connection with the mediation, irrespective of the outcome.
TERMS OF SETTLEMENT
If a resolution is reached, the terms of such resolution shall be documented in a separate written settlement agreement signed by all Parties.
This Mediation Agreement itself does not constitute a settlement agreement and is intended solely to govern the mediation process.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of {{country}}.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding among the Parties concerning the mediation of the Dispute and supersedes all prior discussions, negotiations, and agreements, whether oral or written.
SIGNATURES
IN WITNESS WHEREOF, the Parties and the Mediator have executed this Agreement as of the date first written above.
_____________________________
{{party_a_name}} (Party A)
_____________________________
{{party_b_name}} (Party B)
_____________________________
{{mediator_name}} (Mediator)
Date: {{signature_date}}
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