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Standard Mediation Agreement
"I need a Standard Mediation Agreement for a commercial dispute between my technology company and a software vendor in Ontario, with specific provisions for virtual mediation sessions and handling of intellectual property information."
1. Parties: Identifies and defines all parties to the agreement, including the mediator and the disputing parties
2. Background: Briefly outlines the context of the dispute and the parties' agreement to pursue mediation
3. Definitions: Defines key terms used throughout the agreement
4. Appointment of Mediator: Details the appointment of the mediator and confirms their acceptance
5. Mediator's Role and Responsibilities: Outlines the mediator's duties, obligations, and scope of authority
6. Parties' Obligations: Sets out the responsibilities and commitments of the participating parties
7. Confidentiality: Details confidentiality obligations for all participants in the mediation
8. Mediation Process: Describes the structure and conduct of the mediation sessions
9. Costs and Fees: Specifies the mediator's fees, cost allocation, and payment terms
10. Termination: Describes circumstances and procedures for ending the mediation
11. Settlement: Outlines how settlement agreements will be documented and implemented
12. Governing Law: Specifies the applicable law governing the agreement
13. Execution: Formal signing section including date and signature blocks
1. Multiple Party Provisions: Additional provisions for mediations involving more than two parties
2. Virtual Mediation Procedures: Specific provisions for conducting mediation sessions online or virtually
3. Expert Involvement: Procedures for engaging and utilizing expert opinions during mediation
4. Translation Services: Provisions for handling multiple languages and translation requirements
5. Insurance and Liability: Additional provisions regarding professional liability insurance and limitations of liability
6. Intellectual Property: Specific provisions for handling intellectual property issues during mediation
7. International Provisions: Additional clauses for cross-border disputes
8. Recording of Sessions: Provisions regarding any recording of mediation sessions and data retention
1. Schedule A - Mediator's Fee Schedule: Detailed breakdown of mediator's fees, expenses, and payment terms
2. Schedule B - Mediation Rules: Specific procedural rules governing the conduct of the mediation
3. Schedule C - Confidentiality Agreement: Detailed confidentiality terms for all participants including observers
4. Schedule D - Dispute Summary: Brief outline of the dispute subject to mediation
5. Appendix 1 - Code of Conduct: Mediator's professional code of conduct and ethical guidelines
6. Appendix 2 - Meeting Procedures: Detailed procedures for scheduling and conducting mediation sessions
Authors
Mediation
Mediator
Parties
Dispute
Confidential Information
Mediation Session
Settlement Agreement
Business Day
Force Majeure
Mediation Process
Representative
Professional Fees
Scheduling Notice
Preliminary Conference
Governing Law
Jurisdiction
Disputing Parties
Mediation Documentation
Without Prejudice Communications
Privileged Information
Settlement Terms
Termination Notice
Expert
Observer
Mediation Venue
Virtual Mediation
Mediation Rules
Code of Conduct
Conflict of Interest
Costs
Disbursements
Effective Date
Legal Representatives
Mediation Summary
Preliminary Meeting
Professional Advisor
Working Hours
Scope
Confidentiality
Mediator's Role
Party Obligations
Process
Fees and Costs
Termination
Settlement
Governing Law
Jurisdiction
Dispute Resolution
Privacy
Good Faith
Representation
Liability
Force Majeure
Intellectual Property
Notice
Amendment
Severability
Entire Agreement
Assignment
Third Party Rights
Counterparts
Electronic Execution
Language
Time Periods
Expert Engagement
Conflict of Interest
Without Prejudice
Insurance
Data Protection
Virtual Mediation
Legal Services
Construction
Real Estate
Financial Services
Manufacturing
Technology
Healthcare
Professional Services
Retail
Energy
Transportation
Education
Insurance
Telecommunications
Entertainment
Agriculture
Legal
Compliance
Human Resources
Risk Management
Operations
Contract Administration
Business Development
Executive Leadership
Project Management
Corporate Affairs
Administrative Support
Finance
Legal Counsel
Corporate Lawyer
Mediator
Dispute Resolution Specialist
Risk Manager
Compliance Officer
Human Resources Director
Contract Manager
Business Development Manager
General Counsel
Chief Legal Officer
Operations Manager
Project Manager
Commercial Director
Chief Executive Officer
Chief Financial Officer
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