How to Write an Effective Mediation Agreement

8/3/2019 How to Write an Effective Mediation Agreement

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By Barr (Mrs.) Edith N. Agbakoba


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Introductiony A mediation agreement is a contract in which partiesengaged in a conflict agree to try to settle their disputeout of court. This process uses the help of a neutral thirdparty, also known as a mediator. Before getting started

with the actual mediation, involved parties often sign amediation contract which lays out the ground rules forthe mediation. These ground rules might put a cap onthe amount of time the parties will allow for themediation and, usually, a confidentiality clause. Thedocument also includes information such as when andwhere the mediation will take place. This mediationagreement which starts off the process, is usuallymodified at the end of a successful mediation to includethe terms of the resolution as well.by Google


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Once moreA mediation agreement is a contract in which parties engaged in aconflict

y agree to try to settle their dispute out of court.y This process uses the help of a neutral third party, also known as a

mediator.y Before getting started with the actual mediation, involvedy parties often sign a mediation contracty which lays out the ground rules for the mediation.These ground rules might put a cap on;-y the amount of time the parties will allow for the mediation and,

usually,y a confidentiality clause.The document also includes information such asy when andy where the mediation will take place.This mediation agreement which starts off the process, is usually

modified at the end of a successful mediation to include the terms ofthe resolution as well.


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Preambley This is an Agreement between______(name of

Parties)______________ and E. N. Agbakoba LLB,BL,

hereinafter referred to as "mediator," to enter intomediation with the intent of resolving all issuesregarding: ________(Subject matter of the dispute)

__.

yThe parties and the mediator understand and agree asfollows:-


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Nature of Mediationy 1. Nature of MediationThe parties hereby appoint and retain E.N. Agbakoba as mediator for their mediations.

y The parties understand that Jim is an attorney, but will in this mediation not serve as anyparty's nor all parties' legal counsel.

y The parties understand that mediation is an agreement-reaching process in which themediator assists parties to reach agreement in a

y collaborative,

y consensual and

y informed manner.

y It is understood that the mediator has no power to decide disputed issues for the parties.

y The parties understand that mediation is not a substitute for independent legal advice.


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Nature of Mediation continuedy The parties are encouraged to secure such advice throughout themediation process and are

y strongly advised to obtain independent legal review of any formalmediated Agreement before signing that Agreement.

The mediator may come to require one or both parties to have theiragreement reviewed by legal counsel to ensure that party is reaching areasonably informed agreement.

y The parties understand that the mediator's objective is to facilitate theparties themselves reaching their best agreement.

y The parties also understand that the mediator has an obligation towork on behalf of all parties and that the mediator cannot renderindividual legal advice to any party and will not render therapy norarbitrate within the mediation.


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Scope of Mediationy 2. Scope of Mediation

The parties understand that it is for the parties, withthe mediator's concurrence, to determine the scope ofthe mediation and this will be accomplished early inthe mediation process.


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Consensual and Voluntaryy

3. Mediation is Voluntary

All parties here state their good faith intention to complete theirmediation by an agreement. It is, however, understood that anyparty may withdraw from or suspend the mediation process atany time, for any reason or no reason.

The parties also understand that the mediator may suspend orterminate the mediation,

y if the mediator feels that the mediation will lead to anunreasonable result,

y if the mediator feels that an impasse has been reached, ory if the mediator determines that he can no long effectively

perform


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Mediation is Confidentialy 4. ConfidentialityIt is understood between the parties and the mediator that the mediation willbe strictly confidential.

y Mediation discussions,y any draft resolutions andy any unsigned mediated Agreements shall not be admissible in any court,

administrative or other contested proceeding.Only a mediated Agreement signed by any parties may be so admissible.The parties further agree to not call the mediator to testify concerning themediation nor to provide any materials from the mediation in any court orother contested proceeding between the parties.

The mediation is considered by the parties and the mediator as settlement. All parties also understand and agree that the mediator may have privatecaucus meetings and discussions with any individual party, in which case allsuch meetings and discussions shall be confidential between the mediator andthe caucusing party(ies), unless the parties agree otherwise.


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Neutraly 5. Mediator Impartiality and NeutralityThe parties understand that the mediator must remainimpartial

y

throughout andy after the mediation process.

Thus, the mediator will not champion the interests of anyparty over another in the mediation nor in any court orother proceeding.

The mediator is to be impartial as to party and neutral as tothe results of the mediation.The mediator will seek to affirmatively reveal any operativebiases and will disclose any and all prior contacts with theparties and their legal counsel.


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Feesy 6. Mediation FeesThe parties and the mediator agree that the fee for the mediator shallbe N2500 per hour for time spent with the parties and for time requiredto study documents, research issues, correspond, telephone call,prepare draft and final Agreements and do such other things as may be

reasonably necessary to facilitate the parties reaching full Agreement.y The mediator shall also be reimbursed for all expenses incurred as a

part of the mediation process.

A payment of $2000 toward the mediator's fees and expenses shall bepaid to the mediator along with the signing of this agreement. Anyunearned amount of this retainer fee will be refunded to the parties.

The parties shall be jointly and severally liable for the mediator's feesand expenses.

As between the parties only, responsibility for mediation fees andexpenses shall be: __________________equal or 60/40_____________.

Ory The fee for this mediation shall be ______________________


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Dated and Signedy It is so agreed.

DATED this day of , 2011y

How to Write an Effective Mediation Agreement

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