The Mediation Memorandum of Understanding is used when parties have reached agreement through mediation and need to document their settlement terms. It is particularly relevant in England and Wales where mediation is increasingly encouraged as an alternative to litigation. The document captures key agreements reached during mediation, including settlement terms, confidentiality obligations, and implementation steps. It serves as a crucial intermediate step between verbal agreement and formal settlement documentation, providing clarity and certainty for all parties involved.
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1. Parties: Identification of all participating parties, including mediator and their respective roles
2. Background: Context of the dispute and reason for mediation, including brief history of the matter
3. Definitions: Key terms used throughout the document including specific mediation terminology
4. Mediation Process: Agreed procedures and rules for the mediation, including timing, location, and format
5. Confidentiality: Obligations regarding confidentiality of the process and all communications
6. Settlement Terms: Agreed resolution points between parties, including any specific commitments or obligations
7. Costs: Agreement on division of mediation costs between parties
8. Signing: Execution provisions and signature blocks for all parties
1. Cross-Border Provisions: Additional terms for international disputes, including jurisdiction and applicable laws
2. Expert Determination: Framework for involving expert opinion in technical disputes
3. Future Dispute Resolution: Procedures to be followed if mediation fails to resolve the dispute
4. Without Prejudice Provisions: Specific terms regarding the without prejudice nature of discussions and negotiations
1. Schedule of Documents: Comprehensive list of all documents referenced during mediation
2. Mediator's Terms of Engagement: Standard terms and conditions from the appointed mediator
3. Settlement Payment Schedule: Detailed breakdown of any agreed payment terms and timeline
4. Confidentiality Agreement: Detailed confidentiality terms and non-disclosure provisions
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