The Mediation Contract Agreement is a crucial document used in Malaysia when parties agree to resolve their disputes through mediation rather than litigation or arbitration. This agreement is specifically designed to comply with the Malaysian Mediation Act 2012 and related regulations, providing a structured framework for the mediation process. It becomes necessary when parties wish to formalize their commitment to mediation and establish clear guidelines for the process. The document includes essential elements such as the mediator's appointment, confidentiality provisions, cost arrangements, and the rights and obligations of all involved parties. It's particularly important in the Malaysian legal context where mediation is increasingly encouraged as an effective dispute resolution method, and the agreement helps ensure the process is conducted in accordance with local legal requirements and best practices.
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1. Parties: Identification of all parties to the agreement including the mediator and the disputing parties
2. Background: Context of the dispute and the parties' agreement to pursue mediation
3. Definitions: Key terms used throughout the agreement
4. Appointment of Mediator: Terms of the mediator's appointment and confirmation of their acceptance
5. Scope of Mediation: Description of the dispute(s) to be mediated and any excluded matters
6. Mediation Process: Details of how the mediation will be conducted, including procedures and protocols
7. Confidentiality: Obligations regarding confidentiality of the mediation process and any information shared
8. Mediator's Role and Obligations: Duties, responsibilities, and limitations of the mediator's role
9. Parties' Obligations: Responsibilities and commitments of the disputing parties during mediation
10. Costs and Fees: Financial arrangements, including mediator's fees and cost sharing between parties
11. Termination: Circumstances and procedures for ending the mediation
12. Governing Law: Specification of Malaysian law as governing law and relevant jurisdiction
13. Execution: Signature blocks and execution requirements
1. Co-Mediation: Required when multiple mediators are involved, detailing their respective roles and responsibilities
2. Virtual Mediation Provisions: Needed for online or hybrid mediation sessions, including technical requirements and protocols
3. Expert Involvement: Required when external experts may be consulted during the mediation process
4. International Provisions: Necessary when the mediation involves international parties or cross-border elements
5. Legal Representation: Details about the involvement of lawyers or legal representatives in the mediation
6. Settlement Agreement Framework: Optional framework for how any resulting settlement agreement will be drafted and executed
7. Insurance and Liability: Additional provisions regarding professional indemnity and liability limitations
8. Language: Required when mediation may be conducted in multiple languages or requires translation
1. Schedule 1: Mediator's Fee Schedule: Detailed breakdown of mediator's fees, expenses, and payment terms
2. Schedule 2: Mediation Rules: Specific rules and procedures governing the conduct of the mediation
3. Schedule 3: Code of Conduct: Ethical guidelines and professional standards for the mediation
4. Appendix A: Pre-Mediation Checklist: List of preparations and documents required before mediation begins
5. Appendix B: Confidentiality Agreement: Detailed confidentiality terms for all participants including observers or support staff
6. Appendix C: Virtual Mediation Protocol: Technical and procedural requirements for online mediation sessions
7. Appendix D: Contact Information: Complete contact details for all parties, representatives, and the mediator
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