Prior to a mediation, the parties are required to sign a mediation agreement. This agreement has the following clauses:
- The nature of the mediation
- Settlement authority
- Appointment of the mediator and Costs
- Date and venue
Here is an example of an Agreement to Mediate.
Agreement to Mediate
In the mediation between:
The above participants acknowledge that differences exist between them, and having agreed to enter into mediation to resolve their differences they, including their appointed mediator, agree as follows:
- Nature of mediation
- That mediation is a confidential and without prejudice process in which the mediator assists the participants to reach an agreement through joint-‐problem solving.
- That mediation is voluntary and any participant may at any stage terminate the mediation, without having to provide any reasons for leaving.
- That to encourage discussion, the mediator will not disclose to the other participant any information that has been conveyed to him in private by a participant, unless the participant had given him express permission to disclose such information.
- That mediation is non-‐binding until everything is agreed, reduced to writing and signed by both parties.
- That the participants retain all their rights and legal remedies if the mediation is not successful.
- That the mediator may assist the participants to generate settlement options, but does not impose his views or solutions on them.
- That the mediator has an ethical obligation to work equally hard on behalf of both participants during the mediation.
- Settlement Authority
- That participants who appear on behalf of principals, shall have settlement authority. If this is not possible (undesirable) have a person with settlement authority on standby, telephonically during the mediation.
- Mediator’s Fees
- The mediator’s fee shall be R…. per hour for time spent with the participants, with a maximum rate of R…. per day. The parties shall pay the mediator a retainer of R….. which will be deducted from the final invoice.
- Unless agreed otherwise, the participants shall each be liable to pay 50% of the mediator’s fee, as per his invoices that shall be payable on presentation. Further that the participants shall each be liable to pay 50% of the costs of the venue, quoted at R… without extras.
- That any participant who cancels, without giving the mediator at least 24 hours’ notice of cancellation before the agreed date for the mediation, shall be liable to pay for four hours of his fee at the above rate of R…. per hour, plus the costs of the venue (if applicable), and if both participants cancel without at least 24 hours’ notice, they shall be jointly and individually liable for the mediator’s fee for four hours at the above stated rate, plus the costs of the venue (if applicable).
- Date, Time & Venue
- That the mediation shall take place at …………………………………
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- Appointment of the mediator
That .……………… is appointed as their mediator under the terms of this agreement.
Signed at on this day of 2017