Civil Mediation Agreement Template for New Zealand

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Key Requirements PROMPT example:

Civil Mediation Agreement

"I need a Civil Mediation Agreement for a dispute between my construction company and a property developer in Auckland, with provisions for expert witnesses and virtual mediation sessions to accommodate international participants, targeting a mediation date in March 2025."

What is a Civil Mediation Agreement?

A Civil Mediation Agreement is essential when parties choose to resolve their civil disputes through mediation in New Zealand. This document is typically used when traditional litigation is deemed unsuitable or when parties prefer a more collaborative, cost-effective approach to dispute resolution. The agreement encompasses crucial elements required under New Zealand law, including confidentiality provisions, mediator appointment terms, cost allocation, and procedural guidelines. It serves as the foundational document for the mediation process, ensuring all parties understand their rights, obligations, and the parameters within which the mediation will be conducted. The document is particularly valuable for businesses and individuals seeking to resolve disputes while maintaining professional relationships and avoiding the formal court system.

What sections should be included in a Civil Mediation Agreement?

1. Parties: Identifies and defines all parties to the agreement, including the mediator and the disputing parties

2. Background: Sets out the context of the dispute and the parties' agreement to participate in mediation

3. Definitions: Defines key terms used throughout the agreement

4. Appointment of Mediator: Details the appointment of the mediator and confirms their acceptance

5. Mediation Process: Outlines the agreed procedure for conducting the mediation

6. Confidentiality: Establishes confidentiality obligations for all parties regarding the mediation process and any information disclosed

7. Costs and Fees: Details the mediator's fees and how costs will be allocated between parties

8. Good Faith: Commits parties to participate in the mediation in good faith

9. Authority to Settle: Confirms that participating parties have authority to negotiate and reach a binding settlement

10. Termination: Specifies how and when the mediation process may be terminated

11. Execution: Formal signing section including date and party signatures

What sections are optional to include in a Civil Mediation Agreement?

1. Virtual Mediation Provisions: Include when mediation will be conducted remotely, specifying technical requirements and protocols

2. Multi-Party Provisions: Include when there are more than two parties to the dispute, addressing specific procedures for multi-party negotiations

3. Expert Involvement: Include when external experts may be required during the mediation process

4. International Elements: Include when parties are from different jurisdictions or when international law may be relevant

5. Translation Services: Include when parties require interpreters or document translation

6. Legal Representation: Include when parties will be represented by lawyers during the mediation

7. Insurance Matters: Include when insurance companies are involved or insurance coverage is relevant to the dispute

What schedules should be included in a Civil Mediation Agreement?

1. Schedule 1 - Mediator's Fee Schedule: Detailed breakdown of mediator's fees, expenses, and payment terms

2. Schedule 2 - Mediation Rules: Detailed procedures and rules governing the conduct of the mediation

3. Schedule 3 - Confidentiality Agreement: Detailed confidentiality provisions for all participants, including observers or experts

4. Schedule 4 - Venue and Logistics: Details of the mediation venue, timing, and practical arrangements

5. Appendix A - Dispute Summary: Brief summary of the dispute and issues to be mediated

6. Appendix B - Required Documentation: List of documents that parties must provide before or during mediation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Legal Services

Construction

Real Estate

Professional Services

Manufacturing

Retail

Healthcare

Education

Financial Services

Technology

Transportation

Insurance

Hospitality

Agriculture

Environmental Services

Relevant Teams

Legal

Compliance

Human Resources

Risk Management

Operations

Corporate Affairs

Executive Leadership

Commercial

Project Management

Procurement

Finance

Customer Relations

Quality Assurance

Relevant Roles

Legal Counsel

General Counsel

Compliance Officer

Risk Manager

HR Director

Operations Manager

Contract Manager

Business Development Manager

Company Secretary

Chief Executive Officer

Chief Financial Officer

Project Manager

Procurement Manager

Dispute Resolution Officer

Claims Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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