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Mediation Consent Order Template for England and Wales

A Mediation Consent Order is a legally binding document that records the terms of settlement reached between parties during mediation, which is then approved by the courts of England and Wales. It transforms the mediated agreement into an enforceable court order, providing the parties with the security of court-backed enforcement mechanisms while maintaining the confidential and consensual nature of the mediation process.

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What is a Mediation Consent Order?

A Mediation Consent Order is utilized when parties have successfully reached an agreement through mediation and wish to have their settlement terms formally recognized and enforceable by the courts of England and Wales. The document combines the flexibility of mediation with the authority of a court order, making it particularly valuable for complex disputes where enforcement may be necessary. The Order typically includes detailed settlement terms, payment arrangements, confidentiality provisions, and any specific undertakings agreed upon during mediation. It must comply with the Civil Procedure Rules and relevant practice directions to be accepted by the court.

What sections should be included in a Mediation Consent Order?

1. Title and Court Reference: Identifies the court, case number, and parties involved

2. Parties: Full names and details of all parties to the mediation

3. Recitals: Background information including date of mediation and mediator details

4. Terms of Settlement: The agreed terms reached during mediation

5. Costs: Agreement regarding payment of costs

6. Execution: Signature blocks for parties and their representatives

What sections are optional to include in a Mediation Consent Order?

1. Confidentiality Provisions: Used when specific confidentiality terms are required beyond standard mediation confidentiality

2. Payment Terms: Included when settlement involves payment schedules or specific payment conditions

3. Jurisdiction Clause: Required for cross-border disputes or when parties are in different jurisdictions

What schedules should be included in a Mediation Consent Order?

1. Schedule of Payments: Details of any payment arrangements agreed during mediation

2. Schedule of Assets: When settlement involves transfer or division of assets

3. Mediator's Certificate: Confirmation from mediator that agreement was reached in mediation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Document Type

Mediation Agreement

Cost

Free to use

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