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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."
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
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
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
Applicable Law
Business Day
Confidential Information
Dispute
Effective Date
Good Faith
Mediation
Mediation Process
Mediation Session
Mediator
Parties
Preliminary Conference
Representatives
Settlement Agreement
Subject Matter
Terms of Reference
Without Prejudice
Working Hours
Written Notice
Expert
Privileged Information
Costs
Support Personnel
Venue
Authority
Confidentiality
Costs
Dispute Resolution
Entire Agreement
Force Majeure
Good Faith
Governing Law
Indemnification
Insurance
Intellectual Property
Liability
Notices
Privacy
Process
Representation
Settlement
Severability
Termination
Time and Place
Variation
Waiver
Without Prejudice
Legal Services
Construction
Real Estate
Professional Services
Manufacturing
Retail
Healthcare
Education
Financial Services
Technology
Transportation
Insurance
Hospitality
Agriculture
Environmental Services
Legal
Compliance
Human Resources
Risk Management
Operations
Corporate Affairs
Executive Leadership
Commercial
Project Management
Procurement
Finance
Customer Relations
Quality Assurance
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
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