The Agreement to Mediate

The basis of the mediation is contractual and many of the safeguards needed before a mediation can proceed are set out in the Agreement to Mediate. It is therefore essential to ensure that an Agreement to Mediate is signed by all concerned before a mediation commences.

A draft Agreement to Mediate is produced by the mediation provider but should be reviewed, amended where necessary and approved by you.

It will usually include provisions relating to the following:

  • The name of the mediator and the details of the date, time and venue.
  • Confidentiality:  whatever happens at the mediation the parties agree to keep confidential.
  • Without Prejudice: nothing that is said at the mediation can be referred to in court if the mediation does not result in settlement[1].
  • Voluntary: Parties attend a mediation on a voluntary basis and can leave at any time for any reason.
  • Confirmation of the role of the mediator: the mediator is not a judge.
  • Binding Agreement. It is usually provided that here is no binding agreement until it is written and signed by all the parties. Only when the parties have reduced the agreement to writing and signed it is there a binding agreement.
  • Agreement relating to mediation costs.

The Agreement to Mediate must be signed by the mediator and all the parties or by their legal representatives on their behalf. To ensure the confidentiality of the process the Agreement to Mediate must also be signed by any person attending the mediation who is neither a party nor a legal representative of one of the parties, for example the claimant’s partner.

Download a copy of our standard Agreement to Mediate.

[1] There are some very limited exceptions where the court will intervene in the interests of justice.

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