Mediation Agreement - Template, Sample Form to Complete Pro · US-law
✓ Valid in United States · drafted to comply with local law
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MEDIATION AGREEMENT
State of ________
This Mediation Agreement (this "Agreement") is entered into and made effective as of ________ (the "Effective Date") by and between the following parties:
________, a ________ organized and existing under the laws of the State of ________, having a principal place of business at:
________
Email: ________
and ________, a ________ organized and existing under the laws of the State of ________, having a principal place of business at:
________
Email: ________
The above-named parties may be referred to individually as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, the Parties are involved in a dispute, the general nature of which is as follows (the "Dispute"):
________;
WHEREAS, the Dispute has arisen under or in connection with a contract entered into by the Parties dated ________ (the "Contract"), a copy of which is attached hereto and incorporated herein by reference;
WHEREAS, the Parties desire to resolve the Dispute amicably and recognize that litigation may be costly, time-consuming, and uncertain;
WHEREAS, the Parties have agreed to appoint a neutral mediator (the "Mediator") to assist them in resolving the Dispute through mediation (the "Mediation");
WHEREAS, the Mediator shall be ________, having an address at ________;
WHEREAS, the Mediator has agreed to mediate the Dispute on the terms set forth herein;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
§ 1 — MEDIATION
1.1 Each Party acknowledges and agrees that it is entering into this Agreement and participating in the Mediation voluntarily. In the Mediation, the Mediator will assist the Parties in attempting to reach a mutually acceptable, consensual resolution of the Dispute.
1.2 Each Party understands that the Mediator has no authority to render a decision, impose a settlement, or otherwise adjudicate the Dispute, and that the Mediator's role is to facilitate the Parties' own resolution.
1.3 Each Party understands that the Mediator does not represent any Party, will not provide legal advice to any Party, and each Party is encouraged to obtain independent legal counsel before, during, and after the Mediation.
1.4 The Parties, with the assistance of the Mediator, shall determine the scope, format, and procedures of the Mediation.
§ 2 — THE MEDIATOR
2.1 The Mediator shall be responsible for the following in connection with the Mediation:
(a) ensuring that each Party understands that the Mediation is a voluntary process;
(b) remaining neutral and impartial in assisting the Parties to reach their own resolution;
(c) communicating with the Parties' respective counsel, if requested to do so;
(d) conducting separate caucus sessions with individual Parties as the Mediator deems appropriate;
(e) requesting documentation, memoranda, or information from the Parties as reasonably necessary; and
(f) scheduling the date, time, and location (or virtual platform) of the Mediation and communicating the same to the Parties.
2.2 The Mediator shall disclose to the Parties, prior to commencement of the Mediation, any actual or potential conflict of interest or any circumstance reasonably likely to create an appearance of partiality.
§ 3 — FEES AND EXPENSES
3.1 The Mediator's fees and expenses shall be charged at the rate of ________.
3.2 The Parties shall share the Mediator's fees and expenses equally, and each Party shall be solely responsible for remitting its own share.
3.3 The Mediator shall issue an invoice to the Parties prior to the Mediation. Each Party shall bear its own attorneys' fees, costs, and other expenses incurred in connection with the Mediation.
§ 4 — GOOD FAITH
4.1 Each Party agrees to participate in the Mediation in good faith and with the genuine intention of resolving the Dispute.
4.2 The Parties agree to attend all scheduled Mediation sessions and to be represented by individuals having full authority to negotiate and settle the Dispute.
4.3 The Parties agree to provide any and all documentation, memoranda, or information reasonably requested by the Mediator in a timely manner, and to disclose such information honestly and completely.
4.4 The Parties further agree not to engage in any conduct intended to delay, obstruct, or otherwise impede the Mediation process.
§ 5 — CONFIDENTIALITY
5.1 The Mediation, and all communications, statements, offers, admissions, documents, and memoranda prepared for or made in the course of the Mediation, shall be confidential.
5.3 The foregoing shall not render inadmissible any evidence that is otherwise admissible or discoverable merely because it was presented or used in the Mediation. A written settlement agreement signed by the Parties at the conclusion of the Mediation may be admissible to the extent necessary to enforce its terms.
§ 6 — TERMINATION OF MEDIATION
6.1 The Mediation may be terminated at any time by any Party or by the Mediator upon written notice. Termination of the Mediation shall not affect the survival of those provisions intended to survive, including § 5 (Confidentiality) and § 7 (Limitation of Liability of Mediator).
§ 7 — LIMITATION OF LIABILITY OF MEDIATOR
7.1 The Mediator shall not be liable to any Party for any act or omission in connection with the Mediation, except for acts of intentional misconduct, and the Parties jointly and severally release and agree to hold the Mediator harmless to the fullest extent permitted by applicable law.
§ 8 — SETTLEMENT
8.1 No resolution or settlement of the Dispute shall be binding upon the Parties unless and until it is reduced to writing and signed by authorized representatives of the Parties.
§ 9 — GOVERNING LAW; VENUE
9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles.
9.2 Any action arising out of or relating to this Agreement that is not otherwise resolved through the Mediation shall be brought exclusively in the state or federal courts located in ________, and each Party consents to the personal jurisdiction of such courts.
§ 10 — MISCELLANEOUS
10.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the Mediation and supersedes all prior or contemporaneous understandings, whether written or oral, relating thereto.
10.2 Amendment. This Agreement may be amended or modified only by a written instrument signed by all Parties.
10.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
10.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the Party against whom enforcement is sought, and no waiver shall constitute a continuing waiver.
10.6 Notices. All notices under this Agreement shall be in writing and delivered to the Parties at the addresses set forth above, or to such other address as a Party may designate in writing.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
Name: ________
Representative Name: ________
Representative Title: ________
Representative Signature: _____________________
Date: ________
Name: ________
Representative Name: ________
Representative Title: ________
Representative Signature: _____________________
Date: ________
Acknowledged and agreed by the Mediator:
Mediator Name: ________
Mediator Signature: _____________________
Date: ________
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