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Mediation agreement for court dispute highlighting the date of mediation and conditions of the mediation including confidentiality, fees, costs and legal status of the mediation.
The parties are desirous of settling their dispute amicably in the form of a mediation under the following terms and conditions. The agreement covers issues on confidentiality, fees, costs and legal status of the mediation.
The parties agree to attempt in good faith to settle their dispute at the Mediation dated <? echo $MEDIATION_DATE; ?> and to conduct the Mediation in accordance with this Agreement and consistent with the [Mediation Rules and Code of Conduct] for Mediators current at the date of this Agreement.
The parties agree to appoint <? echo $PARTY_3_NAME; ?> as the Mediator for the Mediation.
The Mediator shall not be liable to the parties for any act or omission in relation to the relation to the Mediation unless the act or omission is proved to have been fraudulent or involved wilful misconduct.
Fees and costs of the Mediation
The parties will be responsible for the fees and expenses (including any provision for additional hours of the mediation process extends beyond the allocated hours) of the Mediator ("the Mediation Fees") current at the date of this Agreement.
Unless otherwise agreed between the parties in writing, each party agrees to share the Mediation Fees equally and to bear its own legal and other costs and expenses of preparing for and attending the Mediation prior to the Mediation. Each party further agrees that any court or tribunal may treat both the Mediation Fees and each party's respective legal and other costs as costs in the case in relation to any litigation or arbitration where the court or tribunal has the power to assess or make orders as to costs, whether or not the Mediation results in settlement of their dispute.
This settlement agreement should be carefully read by the Claimant and Defendant involved.
This agreement may be used to record the date, conditions, and other details of the mediation when both the parties agree to settle their court dispute.
Both parties and the mediator should sign the agreement and return a copy, and once signed, the Claimant and Defendant should get a copy.
To avoid any future disputes, all parties should have their signatures witnessed.