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Mediation Memorandum Of Understanding Template for England and Wales

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Key Requirements PROMPT example:

Mediation Memorandum Of Understanding

"I need a Mediation Memorandum of Understanding for a commercial dispute between two technology companies, with specific focus on intellectual property rights and confidentiality provisions, to be completed before our mediation session on March 15, 2025."

Document background
The Mediation Memorandum of Understanding is used when parties have reached agreement through mediation and need to document their settlement terms. It is particularly relevant in England and Wales where mediation is increasingly encouraged as an alternative to litigation. The document captures key agreements reached during mediation, including settlement terms, confidentiality obligations, and implementation steps. It serves as a crucial intermediate step between verbal agreement and formal settlement documentation, providing clarity and certainty for all parties involved.
Suggested Sections

1. Parties: Identification of all participating parties, including mediator and their respective roles

2. Background: Context of the dispute and reason for mediation, including brief history of the matter

3. Definitions: Key terms used throughout the document including specific mediation terminology

4. Mediation Process: Agreed procedures and rules for the mediation, including timing, location, and format

5. Confidentiality: Obligations regarding confidentiality of the process and all communications

6. Settlement Terms: Agreed resolution points between parties, including any specific commitments or obligations

7. Costs: Agreement on division of mediation costs between parties

8. Signing: Execution provisions and signature blocks for all parties

Optional Sections

1. Cross-Border Provisions: Additional terms for international disputes, including jurisdiction and applicable laws

2. Expert Determination: Framework for involving expert opinion in technical disputes

3. Future Dispute Resolution: Procedures to be followed if mediation fails to resolve the dispute

4. Without Prejudice Provisions: Specific terms regarding the without prejudice nature of discussions and negotiations

Suggested Schedules

1. Schedule of Documents: Comprehensive list of all documents referenced during mediation

2. Mediator's Terms of Engagement: Standard terms and conditions from the appointed mediator

3. Settlement Payment Schedule: Detailed breakdown of any agreed payment terms and timeline

4. Confidentiality Agreement: Detailed confidentiality terms and non-disclosure provisions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Civil Procedure Rules (CPR): Core procedural rules including Practice Direction on Pre-Action Conduct and Protocols, Part 36 (Offers to Settle), and the Mediation Practice Direction (PD). These govern the conduct of civil litigation and mediation in England and Wales.

Mediation Directive (2008/52/EC): Although post-Brexit, these principles remain relevant as they have been incorporated into UK law, providing framework for cross-border mediation and general mediation practices.

Civil Evidence Act 1995: Governs the handling of evidence in civil proceedings, particularly important for without prejudice communications and admissibility of evidence in mediation contexts.

Contract Law Act 1999: Fundamental contract law principles that govern the formation, validity, and enforceability of the mediation agreement and any settlement reached.

UK GDPR and Data Protection Act 2018: Legislation governing the handling and protection of personal data during the mediation process, including storage, processing, and sharing of information.

Limitation Act 1980: Sets out the time limits within which various types of legal claims must be brought, relevant for understanding deadlines and time constraints in mediation.

Cross-Border Mediation Regulations 2011: Specific regulations governing mediation cases with international elements, including jurisdiction and enforcement across borders.

Alternative Dispute Resolution for Consumer Disputes Regulations 2015: Regulations specifically dealing with consumer dispute resolution, including requirements for mediators and mediation processes in consumer cases.

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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