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Standard Mediation Agreement

Standard Mediation Agreement Template for Australia

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Key Requirements PROMPT example:

Standard Mediation Agreement

"I need a Standard Mediation Agreement for a commercial dispute between two construction companies in Queensland, with provisions for expert witnesses and online mediation sessions to be held in March 2025."

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Document background
The Standard Mediation Agreement serves as the foundational document for establishing and conducting mediation proceedings in Australia. It is designed for use when parties have agreed to resolve their dispute through mediation, whether voluntarily or as part of court-directed alternative dispute resolution. The agreement complies with relevant Australian legislation, including the Civil Dispute Resolution Act 2011 (Cth) and state-based mediation laws. It contains essential provisions regarding the appointment and role of the mediator, confidentiality obligations, costs, and the mediation process itself. This Standard Mediation Agreement is suitable for both commercial and civil disputes, and can be adapted for various sectors while maintaining compliance with Australian legal requirements. The document includes provisions for both in-person and online mediation sessions, reflecting contemporary dispute resolution practices.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including the mediator and disputing parties

2. Background: Outlines the context of the dispute and the parties' agreement to participate in mediation

3. Definitions: Defines key terms used throughout the agreement

4. Appointment of Mediator: Formal appointment of the mediator and confirmation of their acceptance

5. Role of the Mediator: Defines the mediator's role, responsibilities, and limitations

6. Mediation Process: Details the structure and conduct of the mediation process

7. Confidentiality: Sets out confidentiality obligations for all participants

8. Costs and Fees: Specifies the mediator's fees, costs, and payment arrangements

9. Termination: Conditions and process for terminating the mediation

10. Governing Law: Specifies the applicable law and jurisdiction

11. Execution: Formal signing section with execution blocks for all parties

Optional Sections

1. Online Mediation Provisions: Specific provisions for virtual mediation sessions, including technical requirements and protocols

2. Multi-Party Provisions: Additional provisions for mediations involving more than two disputing parties

3. Expert Involvement: Provisions for the engagement and role of expert witnesses or advisors

4. Interpreters: Provisions for the use of interpreters in the mediation process

5. Insurance and Liability: Additional provisions regarding professional indemnity insurance and limitation of liability

6. International Provisions: Specific provisions for cross-border disputes

7. Legal Representation: Provisions regarding the role and involvement of legal representatives

8. Pre-existing Court Proceedings: Provisions addressing the relationship between the mediation and any existing court proceedings

Suggested Schedules

1. Schedule 1 - Mediator's Fees: Detailed breakdown of the mediator's fee structure and payment terms

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

3. Schedule 3 - Confidentiality Agreement: Detailed confidentiality provisions for all participants including observers

4. Schedule 4 - Venue Details: Information about the mediation venue and logistics

5. Appendix A - Code of Conduct: Mediator's professional code of conduct and ethical guidelines

6. Appendix B - Dispute Summary: Brief summary of the dispute subject to mediation

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

Financial Services

Construction

Real Estate

Healthcare

Manufacturing

Retail

Professional Services

Education

Technology

Mining

Agriculture

Transport and Logistics

Government and Public Sector

Non-profit Organizations

Relevant Teams

Legal

Compliance

Risk Management

Human Resources

Operations

Commercial

Contract Management

Corporate Governance

Executive Leadership

Procurement

Project Management

Relevant Roles

Legal Counsel

General Counsel

Dispute Resolution Manager

Compliance Officer

Risk Manager

Contract Manager

Company Secretary

Chief Legal Officer

Commercial Manager

Project Manager

Human Resources Director

Operations Manager

Chief Executive Officer

Chief Financial Officer

Business Development Manager

Relationship Manager

Industries
Civil Dispute Resolution Act 2011 (Cth): Federal legislation that promotes alternative dispute resolution and sets requirements for genuine steps to resolve disputes before court proceedings
Mediation Act 1997: Provides the legislative framework for mediation processes, including the role and responsibilities of mediators, and the conduct of mediation sessions
Legal Profession Uniform Law: Governs the conduct of legal practitioners involved in mediation, including their obligations regarding conflicts of interest and professional conduct
Privacy Act 1988 (Cth): Relevant for handling personal and sensitive information during the mediation process and maintaining confidentiality
Evidence Act 1995 (Cth): Contains provisions regarding the inadmissibility of communications made during mediation and settlement negotiations
Federal Court of Australia Act 1976: Provides statutory basis for court-referred mediations and the enforcement of mediated settlements
Australian Consumer Law: Relevant when mediation involves consumer disputes or when the mediation agreement itself is considered a service
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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