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Civil Mediation Agreement Template for England and Wales

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Key Requirements PROMPT example:

Civil Mediation Agreement

"I need a Civil Mediation Agreement for a commercial dispute between my construction company and a supplier, with specific provisions for virtual mediation sessions to be held in March 2025, and the mediation must be completed within 30 days."

Document background
The Civil Mediation Agreement serves as the foundational document for parties entering into mediation under English and Welsh law. This contract type is specifically designed to facilitate alternative dispute resolution while protecting all parties' interests and ensuring compliance with relevant legislation. The agreement typically becomes necessary when parties have agreed to mediate their dispute but need to establish the ground rules, confidentiality obligations, and practical arrangements before commencing the process. It includes essential provisions about the mediator's appointment, the conduct of the mediation, costs, and the binding nature of any settlement reached.
Suggested Sections

1. Parties: Identification and details of all parties to the mediation

2. Background: Brief overview of the dispute and decision to mediate

3. Definitions: Key terms used throughout the agreement

4. Appointment of Mediator: Details of the appointed mediator and their role

5. Confidentiality: Obligations regarding confidentiality of the mediation process

6. Mediation Process: Structure and conduct of the mediation

7. Costs: Distribution of mediation costs between parties

Optional Sections

1. Virtual Mediation Provisions: Additional terms and procedures for mediations conducted remotely via video conferencing or other digital means

2. Multi-Party Provisions: Specific provisions governing the conduct of mediation when more than two parties are involved

3. International Elements: Special provisions addressing cross-border aspects of the mediation including jurisdiction and applicable law

Suggested Schedules

1. Schedule 1: Mediator's Fee Schedule: Detailed breakdown of mediator's fees and payment terms

2. Schedule 2: Mediation Rules: Detailed procedural rules governing the mediation

3. Appendix A: Confidentiality Undertaking: Additional confidentiality agreements for observers or experts

4. Appendix B: Summary of Dispute: Brief outline of the matters in dispute

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Civil Procedure Rules (CPR): Primary legislation governing civil court procedures in England and Wales, particularly relevant through the Practice Direction on Pre-Action Conduct and Protocols which sets out the court's expectations for parties considering mediation

Mediation Directive (2008/52/EC): EU directive incorporated into UK law that provides a framework for cross-border mediation in civil and commercial matters, retained in UK law post-Brexit

Civil Evidence Act 1995: Legislation governing the admissibility of evidence in civil proceedings, including provisions regarding evidence from mediation sessions

Alternative Dispute Resolution for Consumer Disputes Regulations 2015: Regulations implementing EU Directive on ADR for consumer disputes, setting standards for ADR procedures including mediation

Without Prejudice Privilege: Legal principle protecting communications made in genuine attempts to settle a dispute from being used as evidence in court proceedings

Confidentiality Principles: Legal and ethical principles ensuring that information shared during mediation remains confidential, subject to specific exceptions

Contract Law Principles: Fundamental principles of English contract law that apply to mediation agreements, including offer, acceptance, consideration, and intention to create legal relations

Civil Mediation Council Guidelines: Professional standards and guidelines set by the UK's leading mediation organization for conducting civil mediations

European Code of Conduct for Mediators: Voluntary code setting out principles for mediator conduct and mediation practice, widely adopted in the UK

Data Protection Act 2018: UK legislation governing the processing of personal data, including provisions for handling sensitive information during mediation

UK GDPR: Post-Brexit data protection regulation implementing European-style data protection requirements in UK law

Limitation Act 1980: Legislation setting time limits for bringing legal claims, relevant for understanding how mediation affects limitation periods

Courts and Legal Services Act 1990: Legislation providing framework for legal services including provisions affecting the enforceability of mediation agreements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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