Mediation Agreement - Template, Sample Form to Complete

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Mediation Agreement - Template, Sample Form to Complete

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Mediation Agreement

State of Alabama

This Mediation Agreement, hereinafter referred to as "Agreement," is entered into and made effective as of ________ (the "Effective Date") by and between the following parties:

________, a corporation, incorporated under the laws of the state of Alabama, having a primary address at the following:

________

Email: ________

and ________, a corporation, incorporated under the laws of the state of Alabama, having a primary address at the following:

________

Email: ________

The Parties may be be referred to individually as "Party" and collectively as the "Parties."

RECITALS:

WHEREAS, the Parties have found themselves embroiled in a dispute, the nature of which is as follows (the "Dispute"):

________

WHEREAS, the Dispute has arisen under a contract the Parties signed (the "Contract"), which is attached hereto;

WHEREAS, the Parties wish to resolve the Dispute between them and understand that litigation can be costly and time-consuming;

WHEREAS, the Parties have together decided to appoint a mediator (the "Mediator") to resolve the Dispute through mediation (the "Mediation");

WHEREAS, the Mediator shall be: ________;

WHEREAS, the Mediator agrees to mediate the Parties' Dispute;

NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:

Article 1 - MEDIATION:

The Parties each agree that they are entering into this Mediation Agreement voluntarily. In the Mediation, the Mediator will assist the Parties in reaching a collaborative resolution to their Dispute.

The Parties themselves will determine the scope of the Mediation, with assistance from the Mediator.

Article 2 - MEDIATOR:

The Mediator will be responsible for the following in the course of the Mediation:

a) Ensuring that each Party understands Mediation is a voluntary process;

b) Remaining impartial to assist the Parties in coming to their own resolution;

c) Discussing the Mediation with the Parties' individual counsel, if requested to do so;

d) Conducting caucus meetings with the individual Parties as needed;

e) Requesting any documentation or memoranda as needed from the Parties; and

f) Setting a date and time for the Mediation and communicating that date and time to the Parties.

Article 3 - FEES:

The Parties will split the fees of the Mediation equally and each shall be responsible for remitting payment individually.

The Mediator will be responsible for sending an invoice to the Parties prior to the Mediation.

Article 4 - GOOD FAITH:

The Parties each agree that they will participate in the Mediation in good faith and with the genuine intention of resolving the Dispute.

The Parties agree to attend all scheduled Mediation sessions and to be represented by individuals who have the authority to settle and resolve the Dispute.

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.

The Parties further agree that they will not engage in any conduct intended to delay, obstruct, or otherwise impede the Mediation process.

Article 5 - CONFIDENTIALITY:

EXECUTION:

Name: ________

Representative Name: ________________________

Representative Title: _________________________

Representative Signature: _____________________

Date: _____________________________________