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Mediation Confidentiality Agreement
"I need a Mediation Confidentiality Agreement under Canadian law for a technology sector dispute involving sensitive intellectual property, with specific provisions for virtual mediation sessions and cross-border data sharing between Canadian and US entities."
1. Parties: Identification of all parties to the agreement, including the mediator, the disputing parties, and their representatives
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', and 'Permitted Disclosures'
4. Scope of Confidentiality: Detailed description of what information is considered confidential and protected under the agreement
5. Confidentiality Obligations: Specific duties and responsibilities of each party regarding confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and consent procedures
7. Duration of Obligations: Time period for which confidentiality obligations remain in effect
8. Return or Destruction of Documents: Requirements for handling confidential documents after mediation
9. Breach and Remedies: Consequences of breaching confidentiality obligations and available remedies
10. General Provisions: Standard contract clauses including governing law, jurisdiction, and amendments
1. Third Party Obligations: Additional provisions for observers, experts, or other third parties who may be involved in the mediation
2. Electronic Communications: Specific provisions for handling confidential information in electronic form and during virtual mediations
3. Multi-jurisdictional Provisions: Additional clauses for mediations involving multiple jurisdictions or international parties
4. Media and Publicity: Specific restrictions on public statements or media communications about the mediation
5. Intellectual Property: Special provisions for protecting confidential information that includes intellectual property
6. Insurance and Indemnification: Additional protections regarding liability for confidentiality breaches
7. Translation Provisions: Requirements for handling confidential information in multiple languages
1. Schedule A - Acknowledgment Form: Form to be signed by any additional parties who may need access to confidential information
2. Schedule B - Confidential Information List: Detailed list of specific documents or information deemed confidential
3. Schedule C - Destruction Certificate: Form to certify the destruction of confidential information after mediation
4. Schedule D - Permitted Recipients: List of individuals or entities authorized to receive confidential information
5. Appendix 1 - Security Protocols: Detailed procedures for handling and storing confidential information
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