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The Mediation Confidentiality Agreement is a crucial document used in Malaysian alternative dispute resolution processes to protect sensitive information shared during mediation. It should be executed before the commencement of mediation proceedings and is essential for creating a safe environment where parties can freely discuss settlement options. The agreement complies with the Malaysian Mediation Act 2012 and related legislation, providing comprehensive coverage of confidentiality obligations, permitted disclosures, and enforcement mechanisms. This document is particularly important in Malaysia where mediation is increasingly being adopted as a preferred method of dispute resolution, and where courts actively encourage parties to maintain confidentiality in mediation processes.

1. Parties: Identifies all parties to the agreement, including the mediator, the disputing parties, and any other participants bound by the confidentiality obligations

2. Background: Brief context about the underlying dispute and the planned mediation process

3. Definitions: Defines key terms including 'Confidential Information', 'Mediation', 'Mediation Communications', and 'Permitted Purpose'

4. Scope of Agreement: Outlines what information and communications are covered by the confidentiality obligations

5. Confidentiality Obligations: Details the specific obligations to maintain confidentiality, including prohibited actions and permitted uses

6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, such as with written consent or when required by law

7. Duration of Obligations: Specifies how long the confidentiality obligations remain in force

8. Return or Destruction of Confidential Information: Requirements for handling confidential materials after the mediation concludes

9. Breach and Remedies: Consequences of breaching the agreement and available remedies

10. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement provisions