When parties in a legal dispute decide to settle their differences through mediation, it is important that they formalize their decision in writing by signing an agreement to mediate. This agreement outlines the terms and conditions of the mediation process and serves as a binding contract for both parties.
Below is an example of an agreement to mediate:
Agreement to Mediate Between [Name of the Parties]
This Agreement to Mediate (“Agreement”) is made and entered into on [Date], by and between [Name of Party 1] (“Party 1”), and [Name of Party 2] (“Party 2”), collectively referred to as the “Parties.”
WHEREAS, the Parties are in a dispute over [describe the dispute];
WHEREAS, the Parties have agreed to settle their dispute through mediation;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
1. Mediation. The Parties agree to mediate their dispute in good faith and with the intention of reaching a mutually acceptable resolution.
2. Selection of Mediator. The Parties agree to select a mediator mutually acceptable to both Parties. If the Parties are unable to agree on a mediator, they will submit the selection to [Name of the Mediation Service] for appointment.
3. Mediation Sessions. The mediation will be held on [Date], at [Time], at [Location]. The Parties agree to attend the mediation sessions in person and to make a good faith effort to resolve the dispute.
4. Confidentiality. All communications, documents, and other materials exchanged between the Parties during the mediation sessions will be confidential and may not be used in any legal proceeding.
5. Costs. The Parties will share equally in the costs of the mediation, including the mediator`s fees and expenses.
6. No Legal Advice. The mediator will not provide legal advice to either Party.
7. Binding Effect. This Agreement and any settlement reached through mediation will be binding on the Parties and may be enforced by any court of competent jurisdiction.
8. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the mediation of their dispute and supersedes all prior negotiations, understandings, and agreements.
9. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the state of [State].
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first above written.
[Name of Party 1]
[Name of Party 2]
By signing this agreement, both parties agree to enter into the mediation process and work towards resolving their dispute in a cordial and amicable manner. In addition to being a legally binding document, an agreement to mediate fosters an atmosphere of collaboration and cooperation between the parties and can lead to a more satisfactory outcome for all involved.