Mediation Agreement Template

This mediation agreement template has 2 pages and is a MS Word file type listed under our legal agreements documents.

Sample of our mediation agreement template:

MEDIATION AGREEMENT This Mediation Agreement ("Agreement") is made and effective the [DATE], BETWEEN: [COMPANY NAME], called one of the "Parties", a corporation organized and existing under the laws of [STATE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME], called one of the "Parties", a corporation organized and existing under the laws of [STATE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Both Parties shall appoint and retain the services of a Mediator to assist them in resolving the conflict between them WHEREAS, The Parties understand that mediation is a process whereby they attempt, with the assistance of an impartial third party (the Mediator), to reach a consensual settlement of the matters at issue between them. WHEREAS, Both Parties are aware that, when a consensus is reached, they may call upon the services of the Mediator or one of their lawyers to draft a document that they will sign in order to record and finalize the consensus. In consideration of the terms of this agreement, and other valuable consideration, the Parties agree as follows: appointment of the Mediator The Parties hereby appoint [NAME OF MEDIATOR] as Mediator for their negotiations. The Parties understand that mediation is an agreement-reaching process in which the Mediator assists Parties to reach agreement in a collaborative, consensual and informed manner. It is understood that the Mediator has no power to decide disputed issues for the Parties. The Parties understand that mediation is not a substitute for independent legal advice. The Parties are encouraged to secure such advice throughout the mediation process and are strongly advised to obtain independent legal review of any mediated agreement before signing that agreement. The Parties understand that the Mediator's objective is to facilitate the Parties themselves reaching their most constructive and fairest agreement. The Parties also understand that the Mediator has an obligation to work on behalf of each party equally and that the Mediator cannot render individual legal advice to any party and will not render therapy within the mediation. ROLE AND RESPONSIBILITIES OF THE MEDIATOR The Mediator is an impartial third Party who does not represent either of the Parties. The Mediator's role is to help the Parties to negotiate a voluntary settlement of the issues in dispute between them. The Mediator does not offer legal advice and has no duty to assert or protect the legal rights of any Party, to raise any issue not raised by the Agreement. The Mediator has no duty to ensure the enforceability or validity of any settlement agreement reached. The Parties understand that although the Mediator is a lawyer, he or she does not act as legal counsel for any of the parties. It is understood that the Mediator must remain impartial in all contacts with the parties and will not put the interests of one party before those of the other. ROLE AND RESPONSIBILITIES OF THE PARTIES The Parties voluntarily enter into the mediation in an attempt to resolve a dispute between them. The signing of this Agreement is evidence that the Parties intend to conduct this mediation in an honest and forthright manner and to make a serious attempt to resolve the dispute. The Parties acknowledge that the primary responsibility for resolving the outstanding issues between them rests with them and not with the Mediator. The Parties understand and agree that they will attend all mediation sessions with full authority to settle the matters at issue at the Mediation sessions. litigation While actively participating in the mediation process, each of the Parties undertakes not to commence or continue any legal action against the other Party. Prior to the conclusion of the mediation, the parties agree to refrain from pre-emptive and adversarial litigation (except in the case of an emergency requiring such action). mediation session It is understood that most mediation sessions will involve both Parties in joint sessions with the Mediator, but separate meetings may be held between the Mediator and the parties individually before and during the mediation