What is the mediation agreement?

The mediation agreement is the document that sets out the parties’ agreement to participate in mediation and their agreement to follow the rules of the mediation, such as confidentiality and without prejudice.

The Mediation Agreement is a key document which the parties will sign before the Mediation begins. The document sets out that the parties have agreed to enter into mediation to attempt to resolve their dispute and is signed by both the parties, the mediator and CEDR.

As well as confirming the practical details such as who the parties are and the mediator, the date of the mediation and venue, the Mediation Agreement outlines that all signatories observe the rules of the mediation. These rules confirm the important principles of mediation that what is said in a mediation is confidential and without prejudice, meaning it cannot be referred to in court.

The Mediation Agreement also explains that the parties are agreeing to mediate in good faith, the role of the mediator, their fee arrangements and the code of conduct of the mediator, including an explanation of the (rare) times when a mediator would need to break confidentiality (for example, if the parties were engaging in criminal conduct).

The Mediation Agreement is NOT a settlement agreement and signing the Mediation Agreement does not compel a party to settle. A party is able to exit a mediation at any time. However, the Mediation Agreement will still apply if a mediation has not settled, so that, for example, the parties are still bound by the confidentiality provisions even if there is no settlement.