The Binding Mediation Agreement is used when parties wish to resolve their dispute through mediation while ensuring the outcome will be legally binding. This contract type is particularly important in England and Wales where traditional mediation agreements are typically non-binding. The document includes essential provisions regarding the appointment of the mediator, confidentiality requirements, cost arrangements, and the binding nature of any resolution reached. It's designed to provide a structured framework for alternative dispute resolution while maintaining legal enforceability under English and Welsh jurisdiction.
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1. Parties: Identification and details of all parties to the mediation
2. Background: Context of the dispute and agreement to mediate
3. Definitions: Key terms used throughout the agreement
4. Appointment of Mediator: Details of the appointed mediator and their role
5. Mediation Process: Structure and procedures of the mediation
6. Confidentiality: Obligations regarding confidentiality and privacy
7. Costs: Assignment of mediation costs and expenses
8. Binding Nature: Terms establishing the binding nature of the agreement
1. Virtual Mediation Provisions: Specific provisions for online mediation sessions when mediation will be conducted remotely
2. Multiple Party Provisions: Additional terms for mediations involving more than two parties
3. International Elements: Provisions for cross-border aspects when parties are from different jurisdictions
1. Schedule 1: Mediator's Terms of Engagement: Detailed terms of the mediator's appointment and fees
2. Schedule 2: Mediation Timetable: Proposed timeline and key dates for the mediation process
3. Appendix A: Confidentiality Agreement: Detailed confidentiality terms for all participants
4. Appendix B: Mediation Rules: Specific procedural rules governing the mediation
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