Mediation Consent Order Template for England and Wales

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Key Requirements PROMPT example:

Mediation Consent Order

"I need a Mediation Consent Order to formalize a settlement reached during mediation between two construction companies regarding project delays, with a structured payment schedule starting March 2025 and specific performance milestones."

Document background
A Mediation Consent Order is utilized when parties have successfully reached an agreement through mediation and wish to have their settlement terms formally recognized and enforceable by the courts of England and Wales. The document combines the flexibility of mediation with the authority of a court order, making it particularly valuable for complex disputes where enforcement may be necessary. The Order typically includes detailed settlement terms, payment arrangements, confidentiality provisions, and any specific undertakings agreed upon during mediation. It must comply with the Civil Procedure Rules and relevant practice directions to be accepted by the court.
Suggested Sections

1. Title and Court Reference: Identifies the court, case number, and parties involved

2. Parties: Full names and details of all parties to the mediation

3. Recitals: Background information including date of mediation and mediator details

4. Terms of Settlement: The agreed terms reached during mediation

5. Costs: Agreement regarding payment of costs

6. Execution: Signature blocks for parties and their representatives

Optional Sections

1. Confidentiality Provisions: Used when specific confidentiality terms are required beyond standard mediation confidentiality

2. Payment Terms: Included when settlement involves payment schedules or specific payment conditions

3. Jurisdiction Clause: Required for cross-border disputes or when parties are in different jurisdictions

Suggested Schedules

1. Schedule of Payments: Details of any payment arrangements agreed during mediation

2. Schedule of Assets: When settlement involves transfer or division of assets

3. Mediator's Certificate: Confirmation from mediator that agreement was reached in 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

Industries

Civil Procedure Rules (CPR): Primary legislation governing civil court procedures in England and Wales, with Part 78 specifically addressing European Enforcement Orders and containing key provisions for mediation procedures

Mediation Directive (2008/52/EC): European directive incorporated into UK law that provides framework for cross-border mediation in civil and commercial matters

Civil Evidence Act 1995: Legislation governing the admissibility of evidence in civil proceedings, including mediated settlements

Limitation Act 1980: Sets out the time limits within which various legal actions must be commenced, affecting enforcement timelines of mediated agreements

CPR Practice Direction on Mediation: Detailed guidelines supplementing the CPR with specific procedures and requirements for mediation processes

Court of Appeal Mediation Scheme: Specific scheme providing framework for mediation in appeal cases

Pre-Action Protocols: Guidelines for steps parties should take before commencing legal proceedings, including consideration of mediation

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, relevant for mediation agreements affecting third parties

Consumer Rights Act 2015: Legislation protecting consumer rights, particularly relevant if the mediation involves consumer disputes

Human Rights Act 1998: Ensures compliance with European Convention on Human Rights, affecting procedural fairness in mediation

Data Protection Act 2018: Governs the processing of personal data, relevant for confidentiality and information handling in mediation

Civil Jurisdiction and Judgments Act 1982: Legislation governing cross-border enforcement of judgments and settlements, including mediated agreements

Alternative Dispute Resolution for Consumer Disputes Regulations 2015: Regulations implementing EU Directive on consumer ADR, setting standards for consumer dispute resolution including mediation

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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