Mediation Agreement Template for England and Wales

A Mediation Agreement sets out the ground rules when two parties decide to resolve their dispute through mediation rather than going to court. It's a binding contract that outlines how the mediation process will work, including confidentiality requirements, costs, and the role of the mediator.

Under English law, this agreement protects everyone involved by making clear what can and can't be disclosed outside the mediation, who pays for what, and how the process ends. While courts increasingly encourage mediation before litigation, this document helps keep the process fair, focused, and legally sound - making it easier for parties to work toward a solution they both accept.

Consider using a Mediation Agreement when you're facing a business or personal dispute and want to avoid the high costs and stress of going to court. This agreement works especially well for commercial conflicts, employment issues, or property disputes where both parties are open to finding middle ground.

The timing is right for a Mediation Agreement when tensions are rising but communication hasn't completely broken down. It's particularly valuable early in a dispute, before positions become entrenched and legal costs mount up. Many English courts now expect parties to try mediation first, making this agreement an essential first step in responsible dispute resolution.

• Mediation Settlement Agreement: Records the final terms reached during mediation, making them legally binding
• Mediation Separation Agreement: Specifically for couples ending relationships, covering property and financial arrangements
• Divorce Mediation Agreement: Focuses on divorce-specific issues including custody, maintenance, and asset division
• Mediation Confidentiality Agreement: Ensures privacy of mediation discussions and documents
• Mediation Memorandum Of Understanding: Outlines key points agreed during mediation before formal documentation

• Disputing Parties: The individuals or businesses in conflict who agree to try mediation, such as business partners, employers and employees, or divorcing couples
• Mediator: A neutral third party, usually accredited by organisations like the Civil Mediation Council, who facilitates discussions and helps reach agreement
• Legal Representatives: Solicitors who advise their clients during the mediation process and review agreements
• Expert Witnesses: Specialists who may provide professional opinions on technical matters during mediation
• Court Officials: While not direct parties, they often refer cases to mediation and may need to see proof that mediation was attempted

• Party Details: Gather full legal names, contact information, and roles of all participants, including the chosen mediator
• Dispute Summary: Document the key issues clearly, avoiding emotional language or blame
• Timeframes: Establish mediation dates, deadlines for document exchange, and notice periods
• Cost Arrangements: Define how mediator fees, venue costs, and other expenses will be shared
• Confidentiality Scope: Specify what information must remain private and any exceptions
• Next Steps: Our platform generates a tailored Mediation Agreement that includes all these elements in a legally sound format

• Party Identification: Full legal names and details of all participants, including the mediator's credentials
• Scope Statement: Clear description of the dispute and issues to be mediated
• Confidentiality Terms: Detailed privacy obligations and permitted disclosures
• Costs Clause: How fees, expenses, and mediator costs will be allocated
• Process Rules: Mediation procedures, timeframes, and communication protocols
• Termination Rights: Conditions for ending mediation and next steps
• Governing Law: Confirmation that English law applies
• Signature Block: Space for all parties to sign and date the agreement

A Mediation Agreement differs significantly from an Arbitration Agreement in several key ways. While both aim to resolve disputes outside court, they serve different purposes and operate differently under English law.

• Decision-Making Authority: In mediation, parties maintain control over the outcome and must agree to any resolution. Arbitrators, however, act like private judges and make binding decisions
• Formality Level: Mediation is typically more flexible and informal, focusing on dialogue and compromise. Arbitration follows strict procedural rules, similar to court proceedings
• Cost Structure: Mediation usually costs less and takes less time than arbitration, which often requires more extensive preparation and formal hearings
• Binding Nature: Mediation agreements become binding only when parties reach and sign a settlement. Arbitration decisions are immediately binding and harder to challenge