A Civil Mediation Agreement serves as the foundational document for alternative dispute resolution in the United States. This agreement is typically used when parties wish to resolve their disputes outside of court through a structured mediation process. The document encompasses key provisions required by U.S. federal and state laws, including mediator appointment, confidentiality obligations, costs allocation, and termination rights. The Civil Mediation Agreement is particularly valuable for maintaining business relationships while resolving disputes efficiently and cost-effectively.
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1. Parties: Identifies all parties to the mediation agreement, including the mediator
2. Background: Brief description of the dispute and the parties' agreement to mediate
3. Definitions: Key terms used throughout the agreement
4. Appointment of Mediator: Terms of mediator's appointment and confirmation of their qualifications
5. Mediation Process: Details of how the mediation will be conducted
6. Confidentiality: Confidentiality obligations of all parties and exceptions
7. Costs and Fees: Payment terms, fee structure, and cost allocation
8. Termination: Circumstances under which mediation can be terminated
1. Virtual Mediation Provisions: Specific terms for online mediation sessions when mediation will be conducted remotely
2. Multiple Party Provisions: Additional terms for mediations involving more than two parties
3. Insurance Requirements: Insurance obligations of parties when required by institutional rules or specific circumstances
4. International Provisions: Specific terms for cross-border disputes when parties are from different jurisdictions
1. Mediator's Fee Schedule: Detailed breakdown of mediator's fees and expenses
2. Mediation Rules: Applicable institutional or ad hoc mediation rules
3. Confidentiality Agreement: Separate confidentiality agreement for non-parties attending mediation
4. Mediator's Qualifications: Details of mediator's experience and certifications
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