Mediated Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Mediated Agreement

"I need a Mediated Agreement for a settlement between my technology company and a supplier in Hong Kong, to be implemented by March 2025, involving intellectual property rights and a staged payment schedule of HKD 2.5 million."

Document background
The Mediated Agreement is a crucial document used in Hong Kong's alternative dispute resolution landscape when parties have successfully reached a settlement through mediation. It serves as the formal record of the settlement terms agreed upon during the mediation process, transforming the mediated outcome into a legally enforceable agreement. This document type is particularly relevant when parties seek to resolve disputes without going through formal litigation, whether in commercial, civil, or family matters. The agreement must comply with Hong Kong's Mediation Ordinance (Cap. 620) and reflect local legal requirements, including specific provisions for confidentiality and enforcement. It's commonly used by businesses, individuals, and organizations seeking efficient, cost-effective dispute resolution while maintaining business relationships and confidentiality.
Suggested Sections

1. Parties: Identification and details of all parties involved in the mediation and settlement agreement

2. Background: Context of the dispute and the mediation process that led to this agreement

3. Definitions: Key terms used throughout the agreement

4. Settlement Terms: The specific terms and conditions agreed upon by the parties during mediation

5. Payment Terms: Details of any financial settlements, including amounts, payment schedule, and method

6. Implementation Timeline: Specific deadlines and timeframes for carrying out the settlement terms

7. Confidentiality: Provisions regarding confidentiality of the mediation process and settlement terms

8. Release and Discharge: Mutual release of claims related to the disputed matters

9. Enforcement: Provisions for enforcement of the agreement and consequences of breach

10. Governing Law: Specification of Hong Kong law as the governing law and relevant jurisdiction

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Non-Admission of Liability: Optional clause stating that the settlement does not constitute an admission of liability by any party

2. Future Dispute Resolution: Mechanism for resolving any future disputes about the interpretation or implementation of the agreement

3. Tax Implications: Include when settlement involves significant financial components that may have tax consequences

4. Third Party Rights: Include when the settlement affects rights of parties not directly involved in the mediation

5. Insurance and Indemnification: Include when settlement involves insurance claims or ongoing indemnification obligations

6. Regulatory Compliance: Include when settlement requires compliance with specific regulatory requirements

7. Intellectual Property Rights: Include when settlement involves transfer or licensing of intellectual property

Suggested Schedules

1. Schedule 1 - Payment Schedule: Detailed breakdown of payment terms, installments, and deadlines

2. Schedule 2 - Implementation Plan: Detailed timeline and steps for implementing settlement terms

3. Schedule 3 - Released Claims: Comprehensive list of claims being settled and released

4. Appendix A - Mediator's Certificate: Certificate from the mediator confirming the agreement was reached through mediation

5. Appendix B - Supporting Documents: Key documents referenced in the agreement or necessary for implementation

6. Appendix C - Contact Details: Contact information for all parties and their representatives for implementation purposes

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 legal definitions
Relevant Industries

Financial Services

Real Estate

Construction

Manufacturing

Professional Services

Technology

Healthcare

Retail and Consumer

Education

Insurance

Maritime and Shipping

Entertainment and Media

Relevant Teams

Legal

Compliance

Risk Management

Human Resources

Corporate Affairs

Business Development

Operations

Claims

Corporate Governance

Dispute Resolution

Relevant Roles

Legal Counsel

Mediator

Dispute Resolution Specialist

Compliance Officer

Risk Manager

Corporate Secretary

General Counsel

Claims Manager

Contract Manager

Business Development Manager

Human Resources Director

Chief Legal Officer

Settlement Officer

Alternative Dispute Resolution Coordinator

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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