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Civil Mediation Agreement
"I need a Civil Mediation Agreement under Hong Kong law for a commercial dispute between a local manufacturer and an international distributor, with provisions for virtual mediation sessions and Mandarin translation services."
1. Parties: Identifies and defines all parties to the mediation agreement, including the mediator and disputants
2. Background: Brief description of the dispute and the parties' agreement to enter into mediation
3. Definitions: Defines key terms used throughout the agreement
4. Appointment of Mediator: Details of the mediator's appointment, qualifications, and role
5. Mediation Process: Outlines the structure and procedure of the mediation process
6. Confidentiality: Confidentiality obligations of all parties and handling of information disclosed during mediation
7. Costs and Fees: Details of mediator's fees, administrative costs, and payment terms
8. Rights and Obligations: Parties' rights and obligations during the mediation process
9. Termination: Circumstances under which the mediation may be terminated
10. Settlement and Enforcement: Process for documenting and implementing any settlement reached
11. Governing Law: Specifies Hong Kong law as governing law and jurisdiction
12. Execution: Signature blocks and execution formalities
1. Multiple Mediators: Required when more than one mediator is appointed, defining their respective roles and responsibilities
2. Online Mediation Provisions: Include when mediation will be conducted virtually, specifying platform, technical requirements, and protocols
3. Translation Services: Include when parties require translation services, specifying arrangements and cost allocation
4. Expert Involvement: Required when external experts may be consulted during mediation, outlining process and cost allocation
5. Insurance and Liability: Additional provisions regarding professional indemnity and liability limitations
6. Cross-Border Elements: Include when dispute involves cross-border elements requiring specific jurisdictional considerations
1. Schedule 1 - Mediator's Fee Schedule: Detailed breakdown of mediator's fees, expenses, and payment terms
2. Schedule 2 - Mediation Rules: Detailed procedural rules governing the conduct of the mediation
3. Schedule 3 - Confidentiality Agreement: Detailed confidentiality terms for all participants including observers or experts
4. Schedule 4 - Dispute Summary: Brief summary of the dispute subject to mediation
5. Appendix A - Code of Conduct: Mediator's professional code of conduct and ethical guidelines
6. Appendix B - Administrative Procedures: Detailed administrative procedures including scheduling, venue, and document handling
Authors
Legal Services
Financial Services
Real Estate
Construction
Manufacturing
Professional Services
Healthcare
Education
Retail
Technology
Transportation
Insurance
Energy
Environmental Services
Non-Profit Organizations
Legal
Compliance
Risk Management
Corporate Secretariat
Human Resources
Executive Leadership
Operations
Commercial
Dispute Resolution
Contract Management
Legal Counsel
General Counsel
Compliance Officer
Risk Manager
Chief Legal Officer
Company Secretary
Dispute Resolution Manager
Corporate Lawyer
Mediation Coordinator
Legal Operations Manager
Contract Manager
Chief Executive Officer
Chief Operating Officer
Human Resources Director
Commercial Director
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