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Mediation Consent Order

Mediation Consent Order Template for India

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Key Requirements PROMPT example:

Mediation Consent Order

"I need a Mediation Consent Order to formalize a settlement between two IT companies regarding a software development dispute, with phased payment terms over 6 months starting March 2025 and including specific provisions for source code handover."

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Document background
The Mediation Consent Order serves as a crucial document in the Indian alternative dispute resolution landscape, representing the successful conclusion of a mediation process. It is used when parties have reached a settlement through mediation and wish to have their agreement formally recognized and enforced by the court. The document combines elements of both private settlement and judicial authority, making it particularly valuable for ensuring compliance and enforcement. Under Indian law, once approved by the court, the Mediation Consent Order carries the same weight as a court decree, providing parties with a clear enforcement mechanism. The document typically includes detailed settlement terms, implementation timelines, and specific obligations of all parties, while adhering to the requirements set forth in the Civil Procedure Code and the Mediation Act 2023.
Suggested Sections

1. Title and Court Details: Specifies the court's jurisdiction, case number, and parties' details in the court prescribed format

2. Parties: Identifies all parties to the mediation, including their legal status and addresses

3. Background: Details of the original dispute, reference to court proceedings if any, and the mediation process undertaken

4. Definitions: Defines key terms used in the consent order for clarity and consistency

5. Recitals: Formal acknowledgment of the mediation process, mediator's involvement, and parties' voluntary participation

6. Terms of Settlement: Detailed outline of all agreed terms and conditions reached during mediation

7. Financial Terms: Specific details of any financial settlements, payment terms, and schedules

8. Implementation Timeline: Specific deadlines and schedule for implementing the agreed terms

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

10. Full and Final Settlement: Confirmation that this represents a complete settlement of all claims

11. Enforcement: Provisions for enforcement of the consent order

12. Governing Law: Confirmation of Indian law as governing law and relevant jurisdiction

13. Execution: Formal execution block for parties' signatures and court's endorsement

Optional Sections

1. Non-Compliance Remedies: Additional remedies in case of breach, used when there are complex implementation requirements

2. Tax Implications: Include when settlement involves significant financial transactions with tax consequences

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

4. Continuing Obligations: Used when settlement includes ongoing commitments or relationships

5. Review Mechanism: Include when settlement terms may need future adjustment or review

6. Costs: Section detailing allocation of legal and mediation costs, if not covered in main terms

Suggested Schedules

1. Schedule A - Payment Schedule: Detailed breakdown of payment terms, amounts, and dates

2. Schedule B - Implementation Timeline: Detailed timeline for implementing various aspects of the settlement

3. Schedule C - Asset List: If settlement involves transfer or division of assets

4. Appendix 1 - Original Court Documents: Reference copies of relevant court filings or orders

5. Appendix 2 - Mediation Agreement: Copy of the original agreement to mediate

6. Appendix 3 - Supporting Documents: Any additional documents referenced in the main terms

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Legal Services

Financial Services

Real Estate

Manufacturing

Construction

Healthcare

Information Technology

Retail

Energy

Transportation

Education

Professional Services

Insurance

Banking

Telecommunications

Relevant Teams

Legal

Compliance

Risk Management

Corporate Affairs

Operations

Business Development

Contracts Administration

Regulatory Affairs

Dispute Resolution

Corporate Governance

Relevant Roles

Legal Counsel

Mediator

Corporate Lawyer

Compliance Officer

Risk Manager

General Counsel

Company Secretary

Legal Operations Manager

Dispute Resolution Specialist

Business Development Manager

Contract Manager

Chief Legal Officer

Litigation Manager

Alternative Dispute Resolution Coordinator

Legal Administrator

Industries
The Mediation Act, 2023: This is India's first comprehensive legislation on mediation that provides the legal framework for mediation proceedings, enforcement of mediated settlements, and establishment of mediation councils.
Civil Procedure Code, 1908 (Section 89): Provides the statutory basis for court-referred mediation and the framework for converting mediated settlements into consent orders/decrees of the court.
Indian Contract Act, 1872: Governs the basic principles of contract formation and enforcement, which are essential for ensuring the validity of the mediated settlement agreement.
Indian Stamp Act, 1899: Determines the stamp duty requirements for making the consent order legally enforceable as a document.
Salem Advocate Bar Association v. Union of India (2005): Supreme Court judgment that provided detailed guidelines for mediation procedures and preparation of mediated settlements in India.
Arbitration and Conciliation Act, 1996: While primarily focused on arbitration, this act contains provisions relevant to conciliation which are often referenced in mediation practices and settlement enforcement.
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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