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Mediation Contract Agreement

Mediation Contract Agreement Template for Malaysia

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Key Requirements PROMPT example:

Mediation Contract Agreement

"I need a Mediation Contract Agreement for a commercial dispute between two Malaysian construction companies, with mediation sessions to commence by March 2025, including provisions for virtual sessions and specific clauses about technical expert consultation."

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Document background
The Mediation Contract Agreement is a crucial document used in Malaysia when parties agree to resolve their disputes through mediation rather than litigation or arbitration. This agreement is specifically designed to comply with the Malaysian Mediation Act 2012 and related regulations, providing a structured framework for the mediation process. It becomes necessary when parties wish to formalize their commitment to mediation and establish clear guidelines for the process. The document includes essential elements such as the mediator's appointment, confidentiality provisions, cost arrangements, and the rights and obligations of all involved parties. It's particularly important in the Malaysian legal context where mediation is increasingly encouraged as an effective dispute resolution method, and the agreement helps ensure the process is conducted in accordance with local legal requirements and best practices.
Suggested Sections

1. Parties: Identification of all parties to the agreement including the mediator and the disputing parties

2. Background: Context of the dispute and the parties' agreement to pursue mediation

3. Definitions: Key terms used throughout the agreement

4. Appointment of Mediator: Terms of the mediator's appointment and confirmation of their acceptance

5. Scope of Mediation: Description of the dispute(s) to be mediated and any excluded matters

6. Mediation Process: Details of how the mediation will be conducted, including procedures and protocols

7. Confidentiality: Obligations regarding confidentiality of the mediation process and any information shared

8. Mediator's Role and Obligations: Duties, responsibilities, and limitations of the mediator's role

9. Parties' Obligations: Responsibilities and commitments of the disputing parties during mediation

10. Costs and Fees: Financial arrangements, including mediator's fees and cost sharing between parties

11. Termination: Circumstances and procedures for ending the mediation

12. Governing Law: Specification of Malaysian law as governing law and relevant jurisdiction

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Co-Mediation: Required when multiple mediators are involved, detailing their respective roles and responsibilities

2. Virtual Mediation Provisions: Needed for online or hybrid mediation sessions, including technical requirements and protocols

3. Expert Involvement: Required when external experts may be consulted during the mediation process

4. International Provisions: Necessary when the mediation involves international parties or cross-border elements

5. Legal Representation: Details about the involvement of lawyers or legal representatives in the mediation

6. Settlement Agreement Framework: Optional framework for how any resulting settlement agreement will be drafted and executed

7. Insurance and Liability: Additional provisions regarding professional indemnity and liability limitations

8. Language: Required when mediation may be conducted in multiple languages or requires translation

Suggested Schedules

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

2. Schedule 2: Mediation Rules: Specific rules and procedures governing the conduct of the mediation

3. Schedule 3: Code of Conduct: Ethical guidelines and professional standards for the mediation

4. Appendix A: Pre-Mediation Checklist: List of preparations and documents required before mediation begins

5. Appendix B: Confidentiality Agreement: Detailed confidentiality terms for all participants including observers or support staff

6. Appendix C: Virtual Mediation Protocol: Technical and procedural requirements for online mediation sessions

7. Appendix D: Contact Information: Complete contact details for all parties, representatives, and the mediator

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions





















Clauses



























Relevant Industries

Legal Services

Financial Services

Construction

Real Estate

Manufacturing

Healthcare

Technology

Retail

Energy

Transportation

Education

Professional Services

Insurance

Telecommunications

Agriculture

Mining and Resources

Relevant Teams

Legal

Compliance

Risk Management

Human Resources

Corporate Affairs

Operations

Commercial

Contract Administration

Project Management

Executive Leadership

Corporate Governance

Business Development

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Contract Manager

Chief Legal Officer

Dispute Resolution Specialist

Corporate Secretary

Human Resources Director

Project Manager

Business Development Manager

Operations Director

Chief Executive Officer

Commercial Manager

General Counsel

Mediation Coordinator

Industries







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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