Mediation Confidentiality Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Mediation Confidentiality Agreement

"I need a standard Mediation Confidentiality Agreement under Hong Kong law for a commercial dispute between two local manufacturing companies, with specific provisions for handling technical trade secrets and prototype information."

Document background
The Mediation Confidentiality Agreement is a crucial document required before commencing mediation proceedings in Hong Kong. It ensures all participants maintain strict confidentiality over information disclosed during the mediation process, aligned with Hong Kong's Mediation Ordinance (Cap. 620) and related legislation. This agreement is essential for creating a safe environment for open discussions during mediation, protecting sensitive business information, personal data, and mediation communications. It includes specific provisions for document handling, permitted disclosures, and remedies for breach, while addressing both domestic and international mediation scenarios. The agreement is particularly important given Hong Kong's position as a major dispute resolution hub and its robust legal framework supporting mediation.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including the mediator, primary parties to the dispute, and their legal representatives

2. Background: Brief context of the underlying dispute and the planned mediation

3. Definitions: Key terms including 'Confidential Information', 'Mediation', 'Mediation Communications', 'Mediation Session', and other relevant terms

4. Scope of Agreement: Defines the scope of confidentiality obligations and the duration of the agreement

5. Confidentiality Obligations: Detailed obligations regarding non-disclosure, protection of confidential information, and permitted uses of information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including statutory requirements and court orders

7. Return or Destruction of Documents: Requirements for handling confidential documents after the mediation

8. Duration and Survival: Period of confidentiality obligations and their survival post-mediation

9. Breach and Remedies: Consequences of breaching confidentiality obligations and available remedies

10. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

Optional Sections

1. Additional Parties: Section for including observers, experts, or other participants in the mediation process who need to be bound by confidentiality

2. Translation and Interpretation: Required when mediation involves multiple languages or interpretation services

3. Electronic Communications: Specific provisions for handling confidential information in electronic form and virtual mediation sessions

4. Cross-Border Provisions: Additional provisions when the mediation involves parties from multiple jurisdictions

5. Mediator's Notes and Records: Specific provisions regarding the mediator's personal notes and records

6. Insurance and Professional Requirements: References to professional requirements or insurance obligations regarding confidentiality

7. Costs and Expenses: Allocation of costs related to maintaining confidentiality or dealing with confidentiality breaches

Suggested Schedules

1. Schedule 1 - List of Authorized Representatives: Names and details of authorized representatives who may receive confidential information

2. Schedule 2 - Form of Confidentiality Undertaking: Standard form for additional parties who may need to sign confidentiality undertakings

3. Schedule 3 - Specific Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement

4. Appendix A - Document Handling Procedures: Detailed procedures for handling, storing, and destroying confidential documents

5. Appendix B - Notice Requirements: Forms and procedures for notices regarding confidential information or breaches

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 Industries

Financial Services

Construction

Real Estate

Manufacturing

Technology

Healthcare

Professional Services

Retail

Insurance

Education

Energy

Transportation

Telecommunications

Legal Services

Family Services

Relevant Teams

Legal

Compliance

Risk Management

Human Resources

Corporate Secretariat

Executive Management

Operations

Project Management

Business Development

Finance

Dispute Resolution

Relevant Roles

General Counsel

Legal Director

Compliance Officer

Risk Manager

Mediator

Dispute Resolution Specialist

Corporate Secretary

Legal Counsel

HR Director

Chief Executive Officer

Chief Operating Officer

Project Manager

Contract Manager

Business Development Director

Chief Financial Officer

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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