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Standard Mediation Agreement
"I need a Standard Mediation Agreement for a commercial dispute between two Mumbai-based software companies, with provisions for online mediation sessions and specific confidentiality clauses for protecting intellectual property."
1. Parties: Identification of all parties to the agreement including the mediator and the disputants
2. Background: Context of the dispute and the parties' agreement to pursue mediation
3. Definitions: Key terms used throughout the agreement
4. Appointment of Mediator: Terms of the mediator's appointment and confirmation of their independence
5. Scope of Mediation: Description of the disputes/matters to be mediated
6. Mediation Process: Framework for conducting the mediation, including procedures and protocols
7. Confidentiality: Obligations regarding confidentiality of the mediation process and any information shared
8. Costs and Fees: Structure of mediation fees, costs, and payment terms
9. Mediator's Role and Obligations: Duties, responsibilities, and limitations of the mediator's role
10. Parties' Obligations: Commitments and responsibilities of the participating parties
11. Representation and Authority: Confirmation of authority to enter into and bind parties to the agreement
12. Termination: Circumstances and procedures for ending the mediation
13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
14. Entire Agreement: Confirmation that this document represents the complete agreement between parties
1. Online Mediation Provisions: Specific provisions for virtual mediation sessions, including technical requirements and protocols
2. Multi-Party Provisions: Additional terms for mediations involving more than two parties
3. Expert Involvement: Provisions for appointing and involving expert witnesses or advisors
4. International Enforcement: Additional provisions for cross-border enforcement under the Singapore Convention
5. Settlement Agreement Template: Framework for documenting any settlement reached during mediation
6. Language of Mediation: Specifications when mediation is conducted in multiple languages
7. Insurance and Liability: Additional provisions regarding professional indemnity and liability limitations
8. Interim Measures: Provisions for temporary arrangements during the mediation process
1. Schedule 1: Mediator's Fee Structure: Detailed breakdown of mediator's fees, expenses, and payment terms
2. Schedule 2: Mediation Rules: Detailed procedural rules governing the conduct of the mediation
3. Schedule 3: Confidentiality Agreement: Detailed confidentiality terms for all participants including observers
4. Schedule 4: Code of Conduct: Ethical guidelines and professional standards for the mediation
5. Appendix A: Dispute Summary: Detailed description of the disputes to be mediated
6. Appendix B: Required Documents: List of essential documents to be submitted for the mediation
7. Appendix C: Contact Information: Contact details for all parties, representatives, and the mediator
Authors
Authority
Confidentiality
Costs and Fees
Dispute Resolution
Entire Agreement
Force Majeure
Governing Law
Indemnification
Jurisdiction
Liability
Mediation Process
Notices
Party Obligations
Privacy
Procedural Requirements
Representation
Severability
Settlement
Term and Termination
Third Party Rights
Time and Place
Variation
Waiver
Warranties
Legal Services
Financial Services
Real Estate
Construction
Manufacturing
Technology
Healthcare
Retail
Education
Professional Services
Energy
Infrastructure
Transportation
Insurance
Telecommunications
Legal
Compliance
Risk Management
Corporate Secretariat
Human Resources
Operations
Executive Leadership
Business Development
Project Management
Dispute Resolution
Legal Counsel
General Counsel
Compliance Officer
Risk Manager
Contract Manager
Chief Legal Officer
Dispute Resolution Specialist
Corporate Secretary
Business Development Manager
Project Manager
HR Director
Chief Executive Officer
Chief Operating Officer
Mediation Coordinator
Legal Operations Manager
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