The agreement to mediate is an agreement between the parties and the mediator setting out the terms upon which the parties agree to mediate. Every agreement to mediate will be signed before Mediation by the parties and the mediator.
The agreement to mediate shall treat the following issues:
The role of the mediator should be described to clarify that the mediator does not offer legal advice and that the parties are responsible for the content of the final Mediation agreement.
With regard to the interruption of the limitation period, the issues of the dispute should be outlined.
Mediation sessions are private. Thus, the parties and the mediator should agree not to subpoena documents at any time and to treat everything said during the Mediation process as strictly confidential. Furthermore the parties should agree on not calling the Mediator as a witness in any legal proceeding. Only with the consent of all parties third parties should become involved in the Mediation process.
Precise indication of the nature, the amount and the division of costs should be settled contractually.
Mediation is a voluntary process, so the possibility of the parties to withdraw from Mediation at any time should be emphasized. The mediator should only terminate the Mediation process, if she or he is of the opinion that settlement between the parties is not to be anticipated.
Full disclosure of all relevant information is crucial to the success of Mediation. Thus the agreement to mediate should ensure that if one party does not provide the other with all essential documents and information, the final Mediation agreement may be set aside.
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On our partners’ websites, you will find more sample agreements to mediate. Please select a country.
On the websites of our partners, you will find more sample agreements to mediate. Please select a country.