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Civil Mediation Agreement Template for United States

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Key Requirements PROMPT example:

Civil Mediation Agreement

"I need a Civil Mediation Agreement for a construction dispute between my company and a subcontractor, with specific provisions for virtual mediation sessions and a requirement that the mediation must be completed by March 2025."

Document background
A Civil Mediation Agreement serves as the foundational document for alternative dispute resolution in the United States. This agreement is typically used when parties wish to resolve their disputes outside of court through a structured mediation process. The document encompasses key provisions required by U.S. federal and state laws, including mediator appointment, confidentiality obligations, costs allocation, and termination rights. The Civil Mediation Agreement is particularly valuable for maintaining business relationships while resolving disputes efficiently and cost-effectively.
Suggested Sections

1. Parties: Identifies all parties to the mediation agreement, including the mediator

2. Background: Brief description of the dispute and the parties' agreement to mediate

3. Definitions: Key terms used throughout the agreement

4. Appointment of Mediator: Terms of mediator's appointment and confirmation of their qualifications

5. Mediation Process: Details of how the mediation will be conducted

6. Confidentiality: Confidentiality obligations of all parties and exceptions

7. Costs and Fees: Payment terms, fee structure, and cost allocation

8. Termination: Circumstances under which mediation can be terminated

Optional Sections

1. Virtual Mediation Provisions: Specific terms for online mediation sessions when mediation will be conducted remotely

2. Multiple Party Provisions: Additional terms for mediations involving more than two parties

3. Insurance Requirements: Insurance obligations of parties when required by institutional rules or specific circumstances

4. International Provisions: Specific terms for cross-border disputes when parties are from different jurisdictions

Suggested Schedules

1. Mediator's Fee Schedule: Detailed breakdown of mediator's fees and expenses

2. Mediation Rules: Applicable institutional or ad hoc mediation rules

3. Confidentiality Agreement: Separate confidentiality agreement for non-parties attending mediation

4. Mediator's Qualifications: Details of mediator's experience and certifications

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

Clauses

























Industries

Alternative Dispute Resolution Act 1998: Federal legislation that provides the framework for court-annexed ADR programs in federal courts

Uniform Mediation Act: Model act adopted by many states that provides uniform rules for mediation confidentiality and privileges

Federal Rules of Civil Procedure - Rule 16: Federal rules governing pretrial conferences, scheduling, and case management, including provisions for ADR

Federal Rules of Evidence: Rules governing confidentiality and admissibility of evidence in federal courts, including mediation communications

State Mediation Statutes: State-specific laws governing mediation procedures, requirements, and enforceability

State Court Rules: Specific rules adopted by state courts regarding mediation procedures and requirements

State Rules of Civil Procedure: State-specific rules governing civil litigation procedures, including ADR provisions

Confidentiality Laws: State and federal laws protecting the confidentiality of mediation communications and documents

Mediator Qualification Requirements: State-specific requirements for mediator certification, training, and continuing education

Model Standards of Conduct for Mediators: Professional standards jointly adopted by AAA, ABA, and ACR governing mediator conduct and ethics

Court-Mandated Mediation Rules: Specific requirements for mediations that are mandated by court order

Jurisdiction and Venue Laws: Laws governing where mediation can take place and which courts have authority over mediation agreements

Statute of Limitations: Laws governing time limits for filing legal claims and how mediation affects these limits

Insurance Requirements: State-specific requirements for mediator professional liability insurance

Liability and Indemnification Laws: Laws governing mediator liability and requirements for indemnification provisions in mediation agreements

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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