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The Mediation Retainer Agreement is a crucial document used in the Indian alternative dispute resolution landscape to formalize the relationship between professional mediators and their clients. It serves as the foundational contract that outlines the terms under which mediation services will be provided, incorporating requirements from the Indian Mediation Act 2023, the Indian Contract Act 1872, and relevant professional regulations. This agreement is essential for protecting both the mediator's and client's interests by clearly defining the scope of services, fee structures, confidentiality obligations, and professional responsibilities. It is particularly important in the Indian context where mediation is increasingly being recognized as a preferred method of dispute resolution, supported by recent legislative developments and court endorsements.

1. Parties: Identification of the mediator and the client(s), including full legal names and addresses

2. Background: Context of the agreement and brief description of the mediator's qualifications and practice

3. Definitions: Key terms used throughout the agreement including 'Services', 'Mediation Sessions', 'Fees', etc.

4. Appointment and Scope of Services: Details of the mediator's appointment and specific services to be provided

5. Mediator's Obligations: Core responsibilities and duties of the mediator, including maintaining neutrality and confidentiality

6. Client's Obligations: Responsibilities of the client(s) including cooperation, good faith participation, and information provision

7. Fees and Payment Terms: Detailed fee structure, payment schedule, and billing procedures

8. Confidentiality: Confidentiality obligations of all parties and handling of sensitive information

9. Conflict of Interest: Provisions for identifying and handling potential conflicts of interest

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Limitation of Liability: Extent and limitations of the mediator's liability

12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

13. Entire Agreement: Standard clause confirming this document represents the complete agreement between parties