Included here is an example of what is called an Agreement to Mediate. This is used to formalize the mediation process, and is absolutely essential as it allows you, as the mediator, to take control of a potentially difficult situation. Use this as a template when you are required to conduct a mediation. Hopefully, it should also give you an insight into the role of a mediator and a further insight into how the process works.
A ……………………………..
B………………………………..
(Collectively the "parties") hereby agree to mediate their dispute on the following terms and conditions:
- MEDIATION PROCEDURES
1.1 The mediation shall be held and conducted according to this Agreement to Mediate ("Mediation Agreement").
1.2 The mediation is "Without Prejudice" and any settlement reached in the mediation will not be binding until it has been reduced to writing and signed by each of the parties.
1.3 The mediator cannot be subpoenaed to give evidence.
- MEDIATOR
2.1 The parties agree that [ ] of [ ] will be the "mediator".
2.2 The parties and the mediator recognize that the mediator is both impartial and neutral.
2.3 The parties recognize that the mediator does not offer legal advice or act as a legal advisor for any of the parties.
- PLACE AND TIME OF THE MEDIATION
3.1 The mediation will take place at [ ]starting at [ ]
- MEDIATION FEES, EXPENSES, AND COSTS
4.1 The mediator's fees and any other expenses associated with the mediation will be met by the organization.
- PRIVATE SESSIONS
5.1 Information gained by the mediator through such a session and any other sessions or communications as part of the meditation process is confidential unless (a) it is in any event publicly available or (b) the mediator is specifically authorized by that party to disclose it.
- CONFIDENTIALITY
6.1 The mediator and the parties undertake to one another that they will maintain confidentiality in respect of all statements and matters arising throughout the mediation process.
- TERMINATION OF THE MEDIATION
7.1 Any of the parties or the mediator shall be entitled, in their absolute discretion, to terminate the mediation at any time without giving a reason.
- HUMAN RIGHTS
8.1 The referral of this dispute to mediation does not affect the rights that may exist under Article 6 of the European Convention on Human Rights.
- SIGNATURE OF THIS MEDIATION AGREEMENT
9.1 This Mediation Agreement is to be signed by each party.
A.
Signed: __________________________________________________
Name: __________________________________________________
B.
Signed: __________________________________________________
Name: __________________________________________________
C.
Signed: __________________________________________________
Name: __________________________________________________