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Civil Mediation Agreement
"I need a Civil Mediation Agreement for a construction dispute between my company and a subcontractor in Queensland, with provisions for virtual mediation sessions and the involvement of technical experts."
1. Parties: Identification of all parties to the mediation agreement, including the disputing parties and the appointed mediator
2. Background: Brief context of the dispute and the parties' agreement to enter into mediation
3. Definitions: Key terms used throughout the agreement including 'Mediation', 'Confidential Information', 'Dispute', etc.
4. Appointment of Mediator: Terms of the mediator's appointment, including confirmation of their accreditation and independence
5. Mediation Process: Details of how the mediation will be conducted, including format, location, and duration
6. Confidentiality: Obligations regarding confidentiality of the mediation process and any information shared
7. Costs and Fees: Allocation of mediation costs, mediator's fees, and payment terms
8. Termination: Circumstances under which the mediation may be terminated and the process for doing so
9. Good Faith: Commitment of all parties to participate in the mediation in good faith
10. Governing Law: Specification that the agreement is governed by Australian law
1. Legal Representation: Terms regarding the involvement of legal representatives in the mediation process - include when parties wish to have lawyers present
2. Multiple Sessions: Provisions for scheduling multiple mediation sessions - include for complex disputes likely to require extended mediation
3. Virtual Mediation: Specific provisions for conducting mediation online - include when remote participation is anticipated
4. Expert Involvement: Terms for involving external experts or advisors - include when technical expertise may be required
5. Settlement Agreement: Framework for documenting any settlement reached - include when parties want pre-agreed terms for formalizing outcomes
6. Pre-existing Agreements: Reference to any pre-existing agreements between the parties - include when there are relevant prior contracts
7. Indigenous Dispute Resolution Procedures: Special provisions for cultural considerations - include when involving Indigenous Australian parties
1. Schedule 1 - Mediator's Fee Schedule: Detailed breakdown of mediator's fees, expenses, and payment terms
2. Schedule 2 - Mediation Rules: Specific procedural rules governing the conduct of the mediation
3. Schedule 3 - Confidentiality Undertaking: Form of confidentiality agreement for observers or participants who are not primary parties
4. Appendix A - Dispute Summary: Brief outline of the matters in dispute (to be completed by parties)
5. Appendix B - Pre-mediation Checklist: List of preparations required before mediation commences
Authors
Legal Services
Construction
Real Estate
Financial Services
Healthcare
Manufacturing
Professional Services
Retail
Technology
Insurance
Education
Mining and Resources
Agriculture
Transport and Logistics
Legal
Compliance
Risk Management
Human Resources
Operations
Commercial
Contract Management
Project Management
Dispute Resolution
Corporate Governance
Legal Counsel
Mediator
Dispute Resolution Manager
Compliance Officer
Risk Manager
Contract Manager
Human Resources Director
Chief Legal Officer
Commercial Manager
Project Manager
Operations Manager
General Counsel
Company Secretary
Business Development Manager
Claims Manager
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