Mediation Confidentiality Agreement Template for India

The Mediation Confidentiality Agreement is a crucial document used in Indian alternative dispute resolution proceedings to protect sensitive information disclosed during mediation. It becomes necessary whenever parties engage in mediation, whether voluntary or court-referred, and should be executed before the mediation process begins. The agreement ensures compliance with Indian legal requirements, particularly under the Mediation Act, 2023, and the Arbitration and Conciliation Act, 1996. It defines confidential information, establishes clear obligations for all participants, and provides mechanisms for enforcement. This document is essential for creating a secure environment where parties can freely discuss their disputes without fear of subsequent disclosure, thereby promoting effective dispute resolution.

1. Parties: Identification of all parties to the agreement, including the mediator, disputants, and any other participants

2. Background: Brief context of the mediation and purpose of the confidentiality agreement

3. Definitions: Key terms including 'Confidential Information', 'Mediation', 'Mediation Sessions', 'Mediation Documents'

4. Scope of Confidentiality: Detailed description of what information is considered confidential

5. Confidentiality Obligations: Core obligations of all parties regarding maintaining confidentiality

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed

7. Duration of Obligations: Time period for which confidentiality obligations remain in force

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

9. Breach and Remedies: Consequences of breaching confidentiality obligations

10. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes