Civil Mediation Agreement Template for Australia

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Key Requirements PROMPT example:

Civil Mediation Agreement

"I need a Civil Mediation Agreement for a construction dispute between my company and a subcontractor in Queensland, with provisions for virtual mediation sessions and the involvement of technical experts."

Document background
The Civil Mediation Agreement is a fundamental document used in Australian alternative dispute resolution processes when parties seek to resolve their disputes through structured mediation rather than court litigation. This document becomes relevant when two or more parties agree to participate in mediation and need to formalize the process, terms, and conditions under which the mediation will occur. It includes essential provisions regarding the appointment of a mediator, confidentiality obligations, costs, and the mediation process itself, while ensuring compliance with Australian federal and state legislation, including the Civil Procedure Act and relevant mediation standards. The agreement serves as a crucial foundation for successful mediation by clearly defining all participants' roles, rights, and responsibilities, while providing the necessary legal protections for all involved parties.
Suggested Sections

1. Parties: Identification of all parties to the mediation agreement, including the disputing parties and the appointed mediator

2. Background: Brief context of the dispute and the parties' agreement to enter into mediation

3. Definitions: Key terms used throughout the agreement including 'Mediation', 'Confidential Information', 'Dispute', etc.

4. Appointment of Mediator: Terms of the mediator's appointment, including confirmation of their accreditation and independence

5. Mediation Process: Details of how the mediation will be conducted, including format, location, and duration

6. Confidentiality: Obligations regarding confidentiality of the mediation process and any information shared

7. Costs and Fees: Allocation of mediation costs, mediator's fees, and payment terms

8. Termination: Circumstances under which the mediation may be terminated and the process for doing so

9. Good Faith: Commitment of all parties to participate in the mediation in good faith

10. Governing Law: Specification that the agreement is governed by Australian law

Optional Sections

1. Legal Representation: Terms regarding the involvement of legal representatives in the mediation process - include when parties wish to have lawyers present

2. Multiple Sessions: Provisions for scheduling multiple mediation sessions - include for complex disputes likely to require extended mediation

3. Virtual Mediation: Specific provisions for conducting mediation online - include when remote participation is anticipated

4. Expert Involvement: Terms for involving external experts or advisors - include when technical expertise may be required

5. Settlement Agreement: Framework for documenting any settlement reached - include when parties want pre-agreed terms for formalizing outcomes

6. Pre-existing Agreements: Reference to any pre-existing agreements between the parties - include when there are relevant prior contracts

7. Indigenous Dispute Resolution Procedures: Special provisions for cultural considerations - include when involving Indigenous Australian parties

Suggested Schedules

1. Schedule 1 - Mediator's Fee Schedule: Detailed breakdown of mediator's fees, expenses, and payment terms

2. Schedule 2 - Mediation Rules: Specific procedural rules governing the conduct of the mediation

3. Schedule 3 - Confidentiality Undertaking: Form of confidentiality agreement for observers or participants who are not primary parties

4. Appendix A - Dispute Summary: Brief outline of the matters in dispute (to be completed by parties)

5. Appendix B - Pre-mediation Checklist: List of preparations required before mediation commences

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Legal Services

Construction

Real Estate

Financial Services

Healthcare

Manufacturing

Professional Services

Retail

Technology

Insurance

Education

Mining and Resources

Agriculture

Transport and Logistics

Relevant Teams

Legal

Compliance

Risk Management

Human Resources

Operations

Commercial

Contract Management

Project Management

Dispute Resolution

Corporate Governance

Relevant Roles

Legal Counsel

Mediator

Dispute Resolution Manager

Compliance Officer

Risk Manager

Contract Manager

Human Resources Director

Chief Legal Officer

Commercial Manager

Project Manager

Operations Manager

General Counsel

Company Secretary

Business Development Manager

Claims Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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