Standard Mediation Agreement Template for India

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Key Requirements PROMPT example:

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."

Document background
The Standard Mediation Agreement serves as the foundational document for initiating and conducting mediation proceedings in India. This agreement is essential when parties wish to resolve their disputes through mediation, whether as a preliminary step before litigation or as their preferred method of dispute resolution. The document incorporates requirements from the Mediation Act 2023 and other relevant Indian legislation, making it suitable for both domestic and international disputes where Indian law applies. It covers crucial aspects such as the mediator's appointment, confidentiality obligations, costs, and the mediation process, while ensuring compliance with Indian legal requirements and international best practices in mediation.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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 legal definitions
Relevant Industries

Legal Services

Financial Services

Real Estate

Construction

Manufacturing

Technology

Healthcare

Retail

Education

Professional Services

Energy

Infrastructure

Transportation

Insurance

Telecommunications

Relevant Teams

Legal

Compliance

Risk Management

Corporate Secretariat

Human Resources

Operations

Executive Leadership

Business Development

Project Management

Dispute Resolution

Relevant Roles

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

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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