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Mediation Retainer Agreement

Mediation Retainer Agreement Template for Australia

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Key Requirements PROMPT example:

Mediation Retainer Agreement

"I need a Mediation Retainer Agreement for my corporate mediation practice in Sydney, specifically handling commercial disputes, with provisions for both in-person and online mediation sessions, and including multi-party dispute provisions."

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Document background
The Mediation Retainer Agreement is a fundamental document used in Australian alternative dispute resolution practice to formalize the engagement of a mediator's services. This agreement is essential when parties seek to engage a qualified mediator to help resolve disputes through structured mediation processes. It establishes the professional relationship, outlines service terms, defines confidentiality requirements, and sets fee structures, while ensuring compliance with Australian mediation standards and relevant legislation. The document is particularly important in jurisdictions following the Civil Dispute Resolution Act 2011 (Cth) and state-based mediation frameworks, providing clarity and protection for both mediators and clients engaging in the mediation process.
Suggested Sections

1. Parties: Identifies and defines the mediator and the client(s) entering into the agreement

2. Background: Outlines the context of the agreement, including the mediator's qualifications and the client's desire to engage mediation services

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope of Services: Details the appointment of the mediator and the specific mediation services to be provided

5. Mediator's Obligations: Outlines the mediator's duties, responsibilities, and commitment to maintaining professional standards

6. Client's Obligations: Specifies the client's responsibilities, including cooperation, provision of information, and payment obligations

7. Fees and Payment Terms: Details the fee structure, payment schedule, and related financial terms

8. Confidentiality: Establishes confidentiality obligations for all parties involved in the mediation process

9. Conflicts of Interest: Addresses the handling of actual or potential conflicts of interest

10. Termination: Specifies conditions and procedures for terminating the agreement

11. Liability and Indemnity: Outlines the extent and limitations of the mediator's liability

12. General Provisions: Includes standard contract clauses such as governing law, notices, and amendment procedures

Optional Sections

1. Multi-Party Provisions: Additional terms specific to mediations involving multiple parties or complex stakeholder relationships

2. Online Mediation Provisions: Specific terms and procedures for conducting mediation sessions online or virtually

3. Interstate Provisions: Additional terms for mediations involving parties from different states or jurisdictions

4. Intellectual Property: Provisions regarding the ownership and use of materials created during the mediation process

5. Insurance Requirements: Specific insurance obligations and coverage requirements

6. Force Majeure: Provisions for handling unforeseen circumstances that may affect the mediation process

7. Alternative Dispute Resolution: Procedures for resolving disputes between the mediator and client

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

2. Schedule 2 - Mediation Procedures: Step-by-step procedures and protocols for the mediation process

3. Schedule 3 - Required Forms: Standard forms and documents required for the mediation process

4. Appendix A - Mediator Qualifications: Detailed information about the mediator's accreditation, experience, and qualifications

5. Appendix B - Confidentiality Agreement: Detailed confidentiality terms to be signed by all participants

6. Appendix C - Code of Conduct: Reference to or copy of the applicable mediator's code of conduct

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Legal Services

Professional Services

Financial Services

Healthcare

Construction

Real Estate

Education

Manufacturing

Retail

Technology

Mining

Agriculture

Transport and Logistics

Government and Public Sector

Relevant Teams

Legal

Human Resources

Compliance

Risk Management

Operations

Contract Management

Corporate Governance

Legal Operations

Dispute Resolution

Relevant Roles

Mediator

Dispute Resolution Specialist

Legal Counsel

General Counsel

HR Director

HR Manager

Compliance Officer

Risk Manager

Company Secretary

Operations Manager

Contract Manager

Chief Legal Officer

Legal Operations Manager

Alternative Dispute Resolution Coordinator

Industries
Civil Dispute Resolution Act 2011 (Cth): Federal legislation that provides the framework for civil dispute resolution processes, including mediation, and encourages parties to take genuine steps to resolve disputes before court proceedings.
National Mediator Accreditation System (NMAS): Though not legislation per se, these are the national standards for mediator accreditation that must be referenced in the agreement to ensure compliance with recognized professional standards.
Legal Profession Uniform Law: Governs the conduct of legal practitioners and legal practice, including requirements for costs agreements and professional obligations when providing mediation services.
Privacy Act 1988 (Cth): Federal legislation governing the collection, use, and disclosure of personal information, relevant for confidentiality provisions in mediation.
Australian Consumer Law: Part of the Competition and Consumer Act 2010, governing consumer protections and fair trading, including professional services contracts.
Electronic Transactions Act 1999 (Cth): Relevant for electronic execution and communication provisions in the agreement, particularly if the agreement will be executed or managed electronically.
State-specific Civil Procedure Acts: Each state has its own civil procedure rules that may affect mediation processes and must be considered based on the jurisdiction where the mediation will take place.
Contracts Review Act 1980: State-based legislation (NSW example) governing the fairness and validity of contracts, relevant for ensuring the retainer agreement is enforceable.
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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