Mediation Agreement Template

This Mediation Agreement ("Agreement") is entered into on [Date] by and between the following parties (collectively, the "Parties"):

• Party A: [Name, Address, Contact]
• Party B: [Name, Address, Contact]
• [Additional parties if any]

The Parties agree to participate in mediation facilitated by [Mediator Name], [Mediator Qualifications], on the terms below.

1. Purpose

• Engage in confidential mediation to attempt to resolve disputes arising from [describe dispute or case name/number].

2. Mediation Session Details

• Date/time: [Date/Time]
• Location/format: [In-person address/Virtual platform]
• Expected duration: [Number] hours/sessions.

3. Mediator’s Role

• Mediator is neutral and will facilitate communication, explore options, and assist with settlement discussions.
• Mediator does not provide legal advice or make decisions.

4. Confidentiality

• Mediation communications are confidential and inadmissible in legal proceedings to the fullest extent permitted by law (cite applicable statutes/rules).
• Parties agree not to subpoena mediator or mediation materials.
• Exceptions: threats of harm, mandatory reporting obligations, signed settlement agreements.

5. Good-Faith Participation

• Parties will participate in good faith, exchange information reasonably necessary for mediation, and ensure decision-makers are present or available.

6. Fees and Costs

• Mediation fee: $[Amount] per hour/day.
• Deposit amount due prior to session: $[Amount].
• Fees to be split [equally/as specified], unless otherwise agreed in writing.
• Parties responsible for their own attorney fees and expenses.

7. Pre-Mediation Submissions

• Each party will submit a confidential mediation statement (max [Number] pages) by [Date], summarizing issues, positions, and settlement history.

8. Settlement Documentation

• Any agreement reached will be reduced to a written, signed settlement document enforceable as a contract (and court order if applicable).

9. Termination of Mediation

• Mediation may be terminated by agreement of the Parties, by the mediator if further efforts are unlikely to resolve dispute, or if a party withdraws with notice.

10. Governing Law

• Agreement governed by laws of [State].

11. Acknowledgement

• Parties acknowledge understanding of mediation process, rights to consult independent counsel, and voluntarily enter into this Agreement.

Signatures

Attach mediator’s engagement letter or ethical disclosures if required.