The Mediation Fee Agreement is a crucial document used in the Philippine alternative dispute resolution framework to establish the professional and financial relationship between mediators and their clients. This agreement is essential when parties seek to resolve disputes through mediation under Philippine law, particularly in compliance with the Alternative Dispute Resolution Act of 2004 and related regulations. It details the mediator's fees, payment terms, service scope, and professional obligations, while addressing confidentiality and independence requirements. The document is particularly relevant in both court-annexed and private mediations, providing clarity and protection for all parties involved in the mediation process. It serves as a foundational document that should be executed before commencing any mediation services, ensuring transparency in fee arrangements and professional expectations.
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1. Parties: Identification of the mediator and the client(s) engaging the mediation services
2. Background: Context of the agreement and brief description of the dispute requiring mediation
3. Definitions: Key terms used throughout the agreement
4. Appointment of Mediator: Formal appointment clause and confirmation of mediator's acceptance
5. Scope of Services: Detailed description of the mediation services to be provided
6. Mediator's Fees: Structure and amounts of fees, including hourly rates or fixed fees
7. Payment Terms: Payment schedule, method, and conditions
8. Expenses and Disbursements: Treatment of additional costs and out-of-pocket expenses
9. Confidentiality: Obligations regarding confidentiality of the mediation process
10. Mediator's Independence: Declaration of independence and impartiality
11. Duration and Termination: Term of the agreement and conditions for termination
12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction
13. Execution: Signature blocks and execution details
1. Multiple Party Provisions: Additional provisions for cases involving multiple parties sharing the mediation costs
2. Cancellation Policy: Specific terms for cancellation of mediation sessions and associated fees
3. Virtual Mediation Provisions: Specific provisions for online or virtual mediation sessions when applicable
4. Limitation of Liability: Clauses limiting the mediator's liability where permitted by law
5. Insurance: Details of professional indemnity insurance if required
6. Force Majeure: Provisions for unforeseen circumstances preventing mediation
7. Assignment: Provisions regarding the transfer of rights under the agreement
1. Schedule A - Fee Schedule: Detailed breakdown of all fees, rates, and payment structures
2. Schedule B - Mediator's Qualifications: Details of the mediator's credentials, experience, and certifications
3. Schedule C - Mediation Rules: Specific rules and procedures to be followed during the mediation process
4. Schedule D - Expense Policy: Detailed policy regarding reimbursable expenses and documentation requirements
5. Appendix 1 - Conflict Check Form: Form for declaring any potential conflicts of interest
6. Appendix 2 - Confidentiality Undertaking: Detailed confidentiality terms and obligations
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