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1. Parties: Identifies and defines all parties to the mediation agreement, including their full legal names, addresses, and any relevant registration numbers
2. Background: Outlines the context of the dispute and the parties' agreement to enter into binding mediation
3. Definitions: Defines key terms used throughout the agreement for clarity and precision
4. Appointment of Mediator: Details the process for selecting the mediator and confirms their appointment if already selected
5. Scope of Mediation: Clearly defines the issues to be mediated and any specific exclusions
6. Mediation Process: Outlines the structure and rules of the mediation process, including timeframes and procedures
7. Binding Nature: Explicitly states the binding nature of the agreement and any resulting settlement
8. Confidentiality: Details confidentiality obligations of all parties, including the mediator
9. Costs and Fees: Specifies the allocation of mediation costs and mediator's fees
10. Termination: Describes circumstances under which the mediation may be terminated
11. Governing Law: Confirms Hong Kong law as the governing law and relevant jurisdiction
12. Execution: Formal signing section including date and signature blocks for all parties
1. Multiple Mediators: Required when more than one mediator is appointed, detailing their respective roles and responsibilities
2. Virtual Mediation Provisions: Needed when mediation may be conducted online, specifying technical requirements and procedures
3. Translation Services: Required when parties speak different languages, outlining translation arrangements and cost allocation
4. Expert Determination: Optional section for cases where technical expert input may be required during mediation
5. Med-Arb Provisions: Required when parties agree to convert unsuccessful mediation to arbitration
6. Special Requirements: For industry-specific or regulatory requirements that may apply to certain types of disputes
1. Schedule 1: Mediator's Terms of Appointment: Detailed terms of the mediator's engagement, including fees, availability, and specific responsibilities
2. Schedule 2: Mediation Rules: Comprehensive procedural rules governing the conduct of the mediation
3. Schedule 3: Dispute Summary: Detailed description of the dispute and issues to be mediated
4. Appendix A: Code of Conduct: Standard code of conduct for mediators in Hong Kong
5. Appendix B: Confidentiality Agreement: Detailed confidentiality terms for all participants including observers and experts
6. Appendix C: Document List: List of documents to be submitted for the mediation
Binding Outcome
Business Day
Confidential Information
Dispute
Effective Date
Expert
Force Majeure Event
Good Faith
Hong Kong
Mediation
Mediation Session
Mediation Settlement
Mediator
Mediation Fee
Parties
Position Statement
Preliminary Conference
Professional Advisor
Related Entities
Representative
Settlement Agreement
Subject Matter
Supporting Documents
Terms of Reference
Termination Notice
Without Prejudice
Working Hours
Authority
Binding Effect
Confidentiality
Conflicts of Interest
Costs and Fees
Dispute Resolution
Entire Agreement
Force Majeure
Good Faith
Governing Law
Impartiality
Indemnification
Jurisdiction
Language
Liability
Mediation Process
Notices
Party Obligations
Privileges
Procedural Rules
Representation
Severability
Settlement
Termination
Time and Place
Variation
Waiver
Financial Services
Real Estate
Construction
Manufacturing
International Trade
Professional Services
Technology
Healthcare
Retail
Maritime and Shipping
Insurance
Education
Legal
Compliance
Risk Management
Commercial Operations
Contract Management
Corporate Governance
Business Development
Finance
Executive Leadership
Project Management
Legal Counsel
General Counsel
Dispute Resolution Manager
Commercial Director
Contract Manager
Risk Manager
Compliance Officer
Chief Legal Officer
Business Development Director
Project Manager
Operations Director
Chief Executive Officer
Chief Financial Officer
Company Secretary
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