The Mediation Confidentiality Agreement is essential when parties enter into mediation to resolve disputes while protecting sensitive information. This document is particularly crucial in the United States where mediation confidentiality is protected by various federal and state laws. The agreement typically covers all aspects of confidentiality including what information is protected, who is bound by the agreement, permitted disclosures, and the duration of confidentiality obligations. It serves as a cornerstone document in ensuring open and honest communication during mediation by providing all parties with legal assurance that their disclosures will remain confidential.
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1. Parties: Identification of all parties to the agreement including mediator
2. Background: Context of the mediation and purpose of the agreement
3. Definitions: Key terms used in the agreement including 'Confidential Information'
4. Scope of Confidentiality: What information is covered by the agreement
5. Obligations of Confidentiality: Specific duties to maintain confidentiality
6. Permitted Disclosures: Circumstances where disclosure is allowed
7. Term and Termination: Duration of confidentiality obligations
1. Non-Circumvention: Additional provisions to prevent parties from bypassing the agreement, particularly relevant when dealing with sensitive business information
2. Return of Materials: Requirements for returning or destroying confidential documents after mediation, relevant when physical or electronic documents are exchanged
3. Insurance Requirements: Professional liability insurance obligations for mediators and parties when required by institutional rules or professional standards
1. List of Participants: Schedule listing names and roles of all individuals present in mediation sessions
2. Specific Confidential Information: Detailed schedule identifying materials specifically designated as confidential
3. Mediator's Code of Conduct: Appendix containing professional standards applicable to the mediator
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