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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."
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
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
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
Authorized Representative
Business Day
Confidential Information
Dispute
Electronic Communications
Mediation
Mediation Communications
Mediation Session
Mediator
Non-Party Participant
Parties
Permitted Purpose
Permitted Disclosure
Professional Advisor
Protected Information
Related Entities
Representatives
Settlement Agreement
Support Staff
Underlying Proceedings
Without Prejudice Communications
Working Hours
Confidentiality Obligations
Non-Disclosure
Permitted Disclosures
Document Protection
Data Protection
Information Security
Return of Information
Destruction of Documents
Electronic Communications
Duration
Survival
Exceptions
Court Orders
Breach
Remedies
Injunctive Relief
Third Party Rights
Severability
Assignment
Entire Agreement
Variation
Notices
Governing Law
Jurisdiction
Execution
Financial Services
Construction
Real Estate
Manufacturing
Technology
Healthcare
Professional Services
Retail
Insurance
Education
Energy
Transportation
Telecommunications
Legal Services
Family Services
Legal
Compliance
Risk Management
Human Resources
Corporate Secretariat
Executive Management
Operations
Project Management
Business Development
Finance
Dispute Resolution
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
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