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Mediation Confidentiality Agreement Template for England and Wales

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Key Requirements PROMPT example:

Mediation Confidentiality Agreement

"I need a Mediation Confidentiality Agreement for a complex construction dispute between my client and a contractor, with specific provisions for handling technical drawings and project documentation, to be used in a mediation scheduled for March 2025."

Document background
The Mediation Confidentiality Agreement is essential when parties engage in mediation under English and Welsh law. It provides a framework for protecting sensitive information exchanged during the mediation process, enabling parties to negotiate freely without fear of disclosure. This document is typically executed before mediation begins and remains binding even after the mediation concludes. It addresses key aspects such as the scope of confidential information, permitted disclosures, data protection compliance, and remedies for breach, while aligning with UK legal requirements and mediation best practices.
Suggested Sections

1. Parties: Identification of all parties to the agreement including the mediator

2. Background: Context of the mediation and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Confidentiality Obligations: Core confidentiality provisions and scope

5. Duration of Obligations: Timeframe for confidentiality obligations

6. Permitted Disclosures: Circumstances where confidential information may be disclosed

7. Return/Destruction of Information: Provisions for handling confidential materials after mediation

8. Governing Law: Specification of applicable law and jurisdiction

Optional Sections

1. Without Prejudice Protection: Additional protection for settlement discussions, used in complex mediations

2. Data Protection Provisions: Specific provisions for handling personal data, used when sensitive personal information is involved

3. Cross-Border Provisions: Additional provisions for international mediations

4. Remedies: Specific remedies for breach, used in high-value mediations

Suggested Schedules

1. Schedule of Parties' Representatives: List of authorized representatives who may attend mediation

2. Confidential Information Schedule: Specific categories of confidential information if needed

3. Mediation Protocol: Detailed procedures for the mediation process

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries
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Civil Procedure Rules (CPR): Key procedural rules including Practice Direction on Pre-Action Conduct and Protocols, and CPR Part 78 regarding confidentiality in mediation

EU Mediation Directive 2008/52/EC: Though post-Brexit, its principles remain incorporated into UK law, particularly relevant for cross-border mediation considerations

Data Protection Legislation: Including UK GDPR and Data Protection Act 2018, governing the handling of personal information during mediation

Contract Law Principles: Common law principles covering contract formation, consideration requirements, and capacity to contract

Without Prejudice Rule: Common law principle protecting the confidentiality of settlement discussions

Civil Evidence Act 1995: Legislation governing the admissibility of evidence in civil proceedings

Human Rights Act 1998: Particularly Article 6 (right to fair trial) and Article 8 (right to privacy)

Professional Codes of Conduct: Including mediator's professional obligations and Solicitors Regulation Authority requirements if lawyers are involved

Farm Assist Limited v DEFRA [2009]: Key case law regarding mediation confidentiality and mediator privilege

Halsey v Milton Keynes General NHS Trust [2004]: Landmark case law establishing principles regarding mediation and reasonable refusal to mediate

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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