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A Mediation Agreement is a formal document that sets the rules and framework for resolving disputes through mediation rather than going to court. When parties in New Zealand choose mediation, this agreement outlines how they'll work with their mediator, share information, and maintain confidentiality throughout the process.

The agreement typically covers key practical details like costs, timeframes, and the mediator's role. It aligns with NZ's Arbitration Act 1996 and creates a legally binding commitment to participate in good faith. Many Kiwi businesses and individuals use these agreements because they offer a faster, less expensive way to resolve conflicts while preserving relationships.

Use a Mediation Agreement when you're facing a business or personal dispute and want to avoid the time and expense of court litigation. This agreement becomes especially valuable in commercial conflicts, employment disagreements, or property disputes where maintaining relationships matters more than winning at all costs.

The ideal time to put a Mediation Agreement in place is right when tensions start rising, but before positions become entrenched. It works particularly well for Kiwi businesses dealing with contract disputes, partnership conflicts, or workplace issues where privacy and quick resolution are priorities. Getting this agreement signed early helps prevent small disagreements from escalating into costly legal battles.

• Conflict Resolution Agreement: Used for general business disputes, focusing on the process and ground rules for resolution
• Civil Mediation Agreement: Specifically designed for civil disputes between parties, with detailed procedures for non-commercial matters
• Mediation Separation Agreement: Tailored for relationship property divisions and family matters
• Mediation Memorandum Of Understanding: Records initial agreement to mediate and basic terms
• Mediation Final Agreement: Documents the final resolution reached through mediation

• Disputing Parties: Business owners, employees, neighbors, or family members who agree to resolve their conflict through mediation
• Mediators: Qualified professionals, often with AMINZ certification, who facilitate the mediation process and help draft the agreement terms
• Legal Representatives: Lawyers who review and advise their clients on the agreement's terms before signing
• Corporate Representatives: Senior managers or directors authorized to sign Mediation Agreements on behalf of their companies
• Support Personnel: Administrative staff, expert witnesses, or advisors who may be bound by the agreement's confidentiality provisions

• Party Details: Gather full legal names, contact information, and authority status of all participants involved in the mediation
• Dispute Scope: Document the specific issues to be mediated, including relevant dates, amounts, and background
• Mediator Selection: Choose and confirm availability of a qualified NZ mediator, noting their fees and terms
• Timeline Planning: Set realistic deadlines for mediation sessions, document exchanges, and final resolution
• Confidentiality Terms: Define what information must remain private and how it can be used
• Cost Allocation: Decide how mediation expenses will be shared between parties

• Party Identification: Full legal names and roles of all participants, including the mediator and their qualifications
• Dispute Description: Clear outline of the issues to be mediated and desired outcomes
• Confidentiality Terms: Detailed privacy obligations and exceptions under NZ law
• Process Guidelines: Steps, timeframes, and procedures for the mediation sessions
• Cost Structure: Clear breakdown of fees, expenses, and payment responsibilities
• Termination Clauses: Conditions for ending mediation and next steps
• Good Faith Commitment: Parties' agreement to participate honestly and constructively
• Signing Block: Space for dated signatures with witness provisions

A Mediation Agreement differs significantly from an Arbitration Agreement, though both aim to resolve disputes outside of court. Understanding these differences helps you choose the right approach for your situation.

• Decision-Making Authority: In mediation, parties maintain control over the outcome and must agree mutually. Arbitration gives decision-making power to an arbitrator who makes a binding ruling
• Formality Level: Mediation is generally more informal and flexible, while arbitration follows stricter procedural rules, similar to court proceedings
• Cost Structure: Mediation typically costs less and moves faster than arbitration, which often requires more formal evidence presentation and legal representation
• Outcome Binding: Mediated agreements become binding only when both parties agree to terms, while arbitration decisions are automatically binding under NZ law
• Relationship Focus: Mediation aims to preserve relationships through collaborative problem-solving, while arbitration focuses on determining a winner and loser