Andrew Gubbins » Mediation »
A Mediation Agreement is a document signed by both parties and the Mediator prior to mediation which is essentially an agreement by all parties to mediate their dispute in accordance with certain ground rules.
It will state the mediation is without prejudice and is confidential, provide structure, ground rules and protection to all parties, it is a framework and this agreement is signed by all parties including the Mediator which instils confidence in the process both symbolically by all parties actually signing up to the process and formally by recognising the process in writing as a contract. It informs the parties what the process is and what it is not, it provides protection to the Mediator, it avoids ambiguity as to the costs of the process. It adds formality to the process and creates a contractual obligation on the parties to the Mediator which encourages the parties to invest in the process and take it seriously. It reminds the parties they are coming together on a voluntary basis and they are investing time and money in the process to try to settle their dispute. It formally appoints the Mediator and gives him/her the authority to mediate. It obliges the parties to provide information and documentation to the Mediator so he/she can mediate effectively.