If the mediation is successful the parties sign an agreement settling the dispute. This agreement can be simple or complex, depending on the nature of the dispute and terms of agreement.

Below are examples of simple and more complex agreements.

 

Post Mediation Settlement Agreement Between.

Party A……………………………………………………. and

Party B…………………………………………………….

The parties referred their dispute to mediation.

The parties have settled the dispute between them with the assistance of the mediator.

The parties hereby record the terms and conditions of the settlement, and consider these terms binding upon themselves.

Therefore, it is agreed as follows:

  1. TERMS OF SETTLEMENT:

 

 

 

 

 

  1. AUTHORITY TO ENTER INTO SETTLEMENT

Each person signing this agreement in a representative capacity warrants that he or she has full authority to bind his or her principal to this agreement.

  1. NON-PAYMENT

Should any amount payable in terms of this agreement not be paid on the due date the full amount outstanding shall immediately become due, owing and payable.

  1. CONFIDENTIALITY

4.1 It is understood between the parties and the mediator that the mediation proceedings are strictly confidential and without prejudice.

4.2 Mediation discussions, written and oral communications, any draft resolutions, and any unsigned mediated agreements shall not be admissible in any court proceeding, unless such information is discoverable in terms of the normal rules of court. Only a mediated agreement, signed by the parties may be so admissible.

  1. NON-VARIATION AND WAIVER The parties agree that any amendment, waiver or variation of any term of this agreement must be in writing and signed by all parties.

SIGNED AT ………………………………ON …………………………………….

Party A. ………………………………………………….

Party B. ………………………………………………….

A More Complex Post Mediation Agreement
SETTLEMENT AGREEMENT BETWEEN

PARTY_________________________________________________

AND

PARTY_________________________________________________

A:            GENERAL TERMS OF SETTLEMENT:

The parties agree as follows:

  1. If any of the terms of this Agreement are in conflict or inconsistent with any law, the invalidity of the term(s) will not affect the validity of the remainder of the terms of the Agreement
  2. Any number of days prescribed in this Agreement will be reckoned exclusively of the first and inclusively of the last day.
  3. The Agreement and its annexures is the entire agreement between the parties, and replace any previous agreements between them
  4. The Agreement may be signed in one or more counterparts, and each counterpart will be considered an original Agreement. All the counterparts will be considered one document and become a binding Agreement when one or more counterparts have been signed by each of the parties and delivered to the other.
  5. A waiver of a breach of any term in this Agreement will not be considered (1) a waiver of a further breach of the same term, or (2) a waiver of a breach of any other term, or (3) a waiver of a party’s right to declare an immediate or subsequent default.
  6. The parties can amend this Agreement only by a written document signed by both parties.
  7. The parties warrant that they have the necessary authority to sign this Agreement.
  8. This Agreement is a full and final settlement of any and all causes of action the parties have against each other.
  9. If action or motion proceedings have been instituted prior to this Agreement, the parties agree that any one of the parties may, at any stage, have the terms of this Agreement made an order of court or arbitral award, under the relevant case number or arbitration reference. If this Agreement is made an order of court or arbitral award, clauses 1.10 and 1.11 do not apply and a party may take whatever legal steps are required to enforce compliance with the order of court or arbitral award.
  10. If either party commits a remediable breach of this Agreement then the aggrieved party must notify the party in breach to remedy the breach within ten days from the date of the delivery of the breach notice. If the party in breach fails to remedy the breach within ten days, the aggrieved party may (1) cancel, or (2) enforce, (3) and or claim damages, or (4) notify the mediator who facilitated this Agreement that a dispute has arisen. If the mediator fails to resolve the dispute within five days of receipt of the dispute notice, or any longer period mutually agreed in writing by the parties, the aggrieved party may (1) cancel, or (2) enforce, and or (3) claim damages for breach of contract. period mutually agreed in writing by the parties, the aggrieved party may (1) cancel, or (2) enforce, and or (3) claim damages for breach of contract. Any irremediable breach, including the breach of the confidentiality clause entitles the aggrieved party to immediately cancel the contract and claim damages.If this Agreement is validly cancelled the aggrieved party may reinstate the original cause of action(s) in which event any stay of legal proceedings is lifted, as if this Agreement had not been reached.
  11. All notices in terms of this Agreement must be in writing and considered given when delivered (1) personally to the recipient, or (2) by email on the day that the recipient party, directly or indirectly confirmed by return email, the receipt of the notice, or (3) by registered mail on the 7th day after posting to the following service addresses:
    1. If to Party : __________________________________________________
    2. If to Party : __________________________________________________
  12. The parties may alter their service addresses by giving notice to the other party of a new address for the service of notices. The alteration will be effective after the expiry of ten days from the day on which the notice had been given.
  13. If a dispute arises out of this Agreement the party who prevails in a court or arbitration will be entitled to attorney and client costs.
  14. The parties must keep this Agreement confidential, and must not disclose either the existence or the terms of this Agreement to third parties, unless such disclosure is necessary to enforce their rights in terms of this Agreement in a court of law or arbitration.

B:            SPECIFIC TERMS OF SETTLEMENT:

Party ……………………………………………agrees to:

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