Agreement to Mediate Example: What to Look for in a Mediation Clause

An agreement to mediate is a legal document that outlines the terms and conditions of mediation between two parties. This clause is commonly included in contracts, agreements, and other legal documents, and it serves as a roadmap for resolving disputes outside of the court. Here, we’ll take a closer look at an agreement to mediate example and what to look for in a mediation clause.

Purpose of a Mediation Clause

The primary purpose of a mediation clause is to encourage parties to resolve disputes amicably, without resorting to litigation. In a mediation process, a neutral third-party mediator facilitates discussions between the parties to help them reach a mutually agreeable solution. This approach is less formal and more flexible than taking legal action, which can be time-consuming, expensive, and emotionally draining.

Key Elements of an Agreement to Mediate

When drafting an agreement to mediate, there are several important elements to include:

1. Identification of Parties: The first section of the agreement should clearly identify the parties involved, including their names, addresses, and contact information.

2. Dispute Resolution Clause: This clause should outline the steps that parties must take before resorting to mediation. For example, it might state that the parties must notify each other in writing of any disputes and attempt to resolve them through negotiation before seeking mediation.

3. Selection of Mediator: The agreement should identify the mediator who will facilitate the mediation process. The parties may select a mediator together or agree to a mediator appointed by a third party.

4. Mediation Process: The agreement should outline the process for the mediation, including the number of sessions, time limits, and procedures for presenting evidence.

5. Confidentiality Clause: A confidentiality clause is crucial to ensure that any information disclosed during the mediation process remains private and cannot be used against either party in court.

6. Enforcement Clause: Finally, the agreement should include an enforcement clause that requires parties to comply with the terms of the mediation agreement and describes the consequences of breaching the terms.

Why Include a Mediation Clause

Including a mediation clause in a contract or agreement can offer several benefits:

1. Cost-Effective: Mediation is often much less expensive than litigation.

2. Faster Resolution: Mediation can help parties reach a resolution much faster than the court system.

3. More Control: Parties have more control over the outcome of mediation than they do in court.

4. Improved Relationships: Mediation can foster better communication and help parties maintain relationships, especially in ongoing business or personal relationships.

In conclusion, an agreement to mediate example should cover the key elements above. Mediation clauses can be very beneficial for parties who want to resolve disputes outside of court. They can save time, money, and help maintain relationships. Whether you are drafting a new contract or agreement or revising an existing one, consider including a mediation clause to protect your interests and provide a pathway to resolution.