[{"data":1,"prerenderedAt":512},["ShallowReactive",2],{"document-mediation-agreement-short-D12700":3},{"document":4,"label":21,"preview":11,"thumb":22,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":23,"breadcrumb":27,"related":33,"customDescModule":168,"customdescription":6,"mdFm":169,"mdProseHtml":511},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":16,"keywords":15},"MEDIATION AGREEMENT This Mediation Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"First Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME] (the \"Second Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] Both parties agree to have [Mediator name] administer the mediation of their dispute concerning: [identify dispute] on the following terms and conditions: Mediation Procedures The mediation shall be held and conducted according to this Mediation Agreement and the current Mediation Procedures of [Mediation Administrator] attached and incorporated to this Agreement. Mediator The parties agree that [Mediator name] will be the Mediator. The Parties recognize that the Mediator is an independent contractor and not an agent or employee of [Mediation Administrator]. Mediation Fees The Mediation fee will be [amount] for a minimum of five hours; an additional fee of [amount] per [hour or party] will be charged thereafter, both plus costs. Mediator travel time and expenses will be charged at Bar Association rates; incidental expenses at cost. The parties agree to prepay Mediation fees as follows: [amount], payable by [party] [amount], payable by [party] and the parties understand that the Mediation Session will not take place until such fees are prepaid as provided for. Any charges for Mediation Fees in excess of the amount on deposit shall be paid within seven days in equal proportions or, if agreed otherwise, in such other proportions as the parties have agreed. The Mediator's expenses and travel time shall be paid in accordance with [Mediation Administrator] policy. At the conclusion of the mediation, after deduction of the administrative fee, the fee for the Mediator's time and the reimbursement of expenses, any unused prepaid Mediation Fees will be promptly returned to the parties in the proportions in which they were prepaid. Consulting with Legal Advisers",null,"Mediation Agreement Short","2",513,"doc","https://templates.business-in-a-box.com/imgs/1000px/mediation-agreement-short-D12700.png","https://templates.business-in-a-box.com/imgs/250px/12700.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12700.xml",{"title":15,"description":6},"mediation agreement short",[17,20],{"label":18,"url":19},"Legal Agreements","/templates/business-legal-agreements/",{"label":18,"url":19},"Mediation Agreement Short Template","https://templates.business-in-a-box.com/imgs/400px/12700.png",[24,17,20],{"label":25,"url":26},"Templates","/templates/",[28,29,30],{"label":25,"url":26},{"label":18,"url":19},{"label":31,"url":32},"Transfers Terminations & Releases","/templates/transfers-terminations-and-releases/",[34,38,42,46,50,54,58,62,66,70,74,78,82,97,111,127,141,156],{"label":35,"url":36,"thumb":37,"extension":10},"Mediation Agreement","/template/mediation-agreement-D893","https://templates.business-in-a-box.com/imgs/250px/893.png",{"label":39,"url":40,"thumb":41,"extension":10},"Mediation and Arbitration Agreement","/template/mediation-and-arbitration-agreement-D676","https://templates.business-in-a-box.com/imgs/250px/676.png",{"label":43,"url":44,"thumb":45,"extension":10},"Mediation Policy","/template/mediation-policy-D13735","https://templates.business-in-a-box.com/imgs/250px/13735.png",{"label":47,"url":48,"thumb":49,"extension":10},"License Agreement Short Form","/template/license-agreement-short-form-D1027","https://templates.business-in-a-box.com/imgs/250px/1027.png",{"label":51,"url":52,"thumb":53,"extension":10},"Partnership Agreement Short Form","/template/partnership-agreement-short-form-D900","https://templates.business-in-a-box.com/imgs/250px/900.png",{"label":55,"url":56,"thumb":57,"extension":10},"Purchase Agreement Short Version","/template/purchase-agreement-short-version-D12669","https://templates.business-in-a-box.com/imgs/250px/12669.png",{"label":59,"url":60,"thumb":61,"extension":10},"Financing Agreement Short","/template/financing-agreement-short-D470","https://templates.business-in-a-box.com/imgs/250px/470.png",{"label":63,"url":64,"thumb":65,"extension":10},"Chief Agent Agreement Short Form","/template/chief-agent-agreement-short-form-D865","https://templates.business-in-a-box.com/imgs/250px/865.png",{"label":67,"url":68,"thumb":69,"extension":10},"Equipment Lease Agreement Short","/template/equipment-lease-agreement-short-D1142","https://templates.business-in-a-box.com/imgs/250px/1142.png",{"label":71,"url":72,"thumb":73,"extension":10},"Shares Transfer Agreement Short","/template/shares-transfer-agreement-short-D346","https://templates.business-in-a-box.com/imgs/250px/346.png",{"label":75,"url":76,"thumb":77,"extension":10},"Conflict Resolution and Mediation Policy","/template/conflict-resolution-and-mediation-policy-D13631","https://templates.business-in-a-box.com/imgs/250px/13631.png",{"label":79,"url":80,"thumb":81,"extension":10},"Agreement of Purchase and Sale of Business Assets Short","/template/agreement-of-purchase-and-sale-of-business-assets-short-D319","https://templates.business-in-a-box.com/imgs/250px/319.png",{"description":83,"descriptionCustom":6,"label":84,"pages":85,"size":86,"extension":10,"preview":87,"thumb":88,"svgFrame":89,"seoMetadata":90,"parents":91,"keywords":95,"url":96},"SETTLEMENT AGREEMENT This Settlement Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [FIRST PARTY NAME] (the \"Creditor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] [THIRD PARTY NAME] (the \"Debtor\"), an individual with his main address located at: [COMPLETE ADDRESS] WHEREAS by Statement of Claim filed on [DATE] in the Federal Court of [COUNTRY] (Trial Division) under court file number [NUMBER], as amended by an Amended Statement of Claim filed therein on [EFFECTIVE DATE], [COMPANY NAME]. (the \"Creditor\") instituted proceedings as plaintiff against the Company and Debtor as defendants in recovery of the sum of [AMOUNT] (the \"Action\"); WHEREAS in the Action, the Creditor has claimed the amount of [AMOUNT] from Debtor pursuant to a certain guarantee executed by him in favor of the Creditor; WHEREAS [COMPANY NAME] and the Creditor amalgamated effective [DATE], such that [COMPANY NAME] became a division of the Creditor; WHEREAS the parties have agreed to settle the Action upon the terms and conditions hereinafter set forth: NOW WHEREFORE, the parties hereto agree as follows: The Action is settled upon the terms hereinafter set forth. The parties shall execute a Declaration of Settlement Out Of Court in respect of the Action, which Declaration shall be remitted to the Bank, and which the Bank shall file in the court record on the latest of the trial date fixed for the Action, being [EFFECTIVE DATE], receipt of the initial payment provided for in Section 2 hereof and the date of registration of the Security contemplated in Section 2 hereof. Debtor hereby undertakes to pay to the Creditor the sum of [AMOUNT] in lawful currency of [COUNTRY] (the \"Settlement Amount\"), payable as set out below. Debtor shall pay to the Bank at its offices noted above the principal sum of [AMOUNT] in lawful currency of [COUNTRY] (the \"Principal Amount\"), by way of [NUMBER] equal consecutive monthly installments in the amount of [AMOUNT] each, payable on the [DATE] day of each month, commencing on [EFFECTIVE DATE] until full payment on [DATE] (the \"Payments\"). Concurrently with the execution hereof, Debtor shall deliver to the Creditor [NUMBER] check in the amount of [AMOUNT] each dated the [DATE] day of each month in payment of the Payments for [EFFECTIVE DATE] to [EFFECTIVE DATE] inclusively. Thereafter, Debtor shall deliver to the Creditor by or before [DATE] of each year, commencing [EFFECTIVE DATE] to [EFFECTIVE DATE] inclusively, [NUMBER] check in the amount of [AMOUNT] each dated the [NUMBER] day of each of the following [NUMBER] months in payment of the Payments for the said [NUMBER] month period. By or before [EFFECTIVE DATE], Debtor shall deliver to the Creditor [NUMBER] check in the amount of [AMOUNT] each dated the [NUMBER] day of each of the remaining [NUMBER] months in payment of the Payments for the said [NUMBER] month period. The Principal Amount shall bear interest from the date of any unremedied default at the rate of [PERCENTAGE %] percent per annum, calculated on the balance then outstanding and payable on demand. All interest not paid when due shall bear interest at the same rate calculated as aforesaid and payable on demand. The balance of [AMOUNT] (the \"Balance\") shall be paid to the Creditor by way of compensation and set-off against the amount of any commission which may become owing to Debtor by the Creditor on any sales of its assets which Debtor may make from time to time hereafter on behalf of the Creditor, and against the amount of any salary or other compensation which may become owing to him by the Creditor in respect of any other services of any nature whatsoever which Debtor may perform from time to time hereafter on behalf of the Creditor. The amount of such commissions, salary and/or other compensation shall be determined in accordance with the terms and conditions of any agreements which the Creditor and Debtor may enter into for the provision of such services by Debtor to the Creditor. The Creditor shall provide to Debtor on a regular basis a list of assets currently offered for sale by the Creditor and undertakes to give Debtor every opportunity, on a non-exclusive basis, to sell such assets and undertakes not to act unreasonably in considering any offer to purchase which Debtor may bring to the Creditor. In the event that the Balance has not been repaid in full on the date the last payment falls due under Section 2.1 hereof, Debtor shall pay off the amount of the Balance then outstanding (the \"Unpaid Balance\") by way of consecutive monthly installments in the amount of [AMOUNT] each, payable on the [DATE] day of each month, commencing [EFFECTIVE DATE] (the \"Extended Period\"). On [EFFECTIVE DATE], Debtor shall deliver to the Creditor the requisite number of check in the amount of [AMOUNT] each dated the [DATE] day of each month in payment of the Unpaid Balance, provided always that Debtor shall still be able to pay any or all of the Unpaid Balance during the Extended Period by way of compensation and set-off pursuant to the provisions of Section 2.3.1. Debtor shall have a grace period of [NUMBER] days from the date of any written notice of default to make any Payment due hereunder to remedy said default. In the event the default is not remedied within such period, Debtor shall lose the benefit of the term provided for herein and the entire balance of the Settlement Amount then outstanding shall become immediately due and payable. The Creditor shall then be entitled to demand payment in full of the outstanding amount of the Settlement Amount, by written notice of demand, without further notice, including prior notice of such acceleration, or delay. The Creditor shall, in addition to its right to accelerate payment in the event of an unremedied default to make any payment, be entitled to accelerate payment should the Creditor advise Debtor in writing of the discovery of any material omission of any encumbrance on any of the assets listed in Schedule C or of any other limitation or alteration in Debtor's right, title and interest in and to the assets listed in Schedule C, provided that Debtor shall have [NUMBER] days from the date of such notice to remedy the default such that the omission is no longer material, but not in the event of any other default hereunder. Concurrently with his execution of the present Settlement Agreement, Debtor shall execute demand promissory notes in the amounts of [AMOUNT] respectively, in the form of the promissory notes annexed hereto as Schedules A and B respectively, to be held by the Creditor as collateral security for the performance of Debtor's obligations under this Section 2. Debtor shall grant security in favor of the Creditor against each and all of the assets identified in the affidavit executed by Debtor concurrently herewith and annexed hereto as Schedule C (the \"Secured Assets\"), subject to the encumbrances thereon as disclosed therein (the \"Encumbrances\"), which Encumbrances Debtor hereby represents and warrants are all the encumbrances existing against the Secured Assets, and which Secured Assets Debtor hereby represents and warrants have a net aggregate liquidation value, after deduction of the reasonable expenses of liquidation and after payment of the Encumbrances of not less than the Settlement Amount. ","Settlement Agreement","8",64,"https://templates.business-in-a-box.com/imgs/1000px/settlement-agreement-D916.png","https://templates.business-in-a-box.com/imgs/250px/916.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#916.xml",{"title":6,"description":6},[92,94],{"label":18,"url":93},"business-legal-agreements",{"label":18,"url":93},"settlement agreement","/template/settlement-agreement-D916",{"description":98,"descriptionCustom":6,"label":99,"pages":100,"size":101,"extension":10,"preview":102,"thumb":103,"svgFrame":104,"seoMetadata":105,"parents":106,"keywords":109,"url":110},"ARBITRATION AGREEMENT This Arbitration Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME], as represented by [ATTORNEY NAME], a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: AND: [PARTY B] (the \"Party B\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: In consideration of the terms and covenants of this agreement, and other valuable consideration, the parties agree as follows: MATTERS TO BE SUBMITTED TO ARBITRATION All disputes and controversies of every kind and nature between the parties to this agreement arising out of or in connection with [specify general agreement to which arbitration agreement relates] as to the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination of the agreement shall be submitted to arbitration pursuant to the procedure set forth in this agreement. PROCEDURE Either party may demand such arbitration in writing within [number] days after the controversy arises, which demand shall include the name of the arbitrator appointed by the party demanding arbitration, together with a statement of the matter in controversy. Within [number] days after such demand, the other party shall name [his or her] arbitrator, or in default of such naming, such arbitrator shall be named [immediately or not] by the Arbitration Committee, and the two arbitrators so selected shall name a third arbitrator within [number] days or, in lieu of such agreement on a third arbitrator by the two arbitrators so appointed, a third arbitrator shall be appointed by the Arbitration Committee. The arbitration hearing shall be held at [place of hearing] on [number] days' notice to the parties. The arbitration rules and procedures of [particular trade, industry, or association] shall be used in the arbitration hearing and the law of evidence of [state/province] shall govern the presentation of evidence at such hearing. The arbitration hearing shall be concluded within [number] days unless otherwise ordered by the arbitrators and the award on the hearing shall be made within [number] days after the close of the submission of evidence.","Arbitration Agreement","3",42,"https://templates.business-in-a-box.com/imgs/1000px/arbitration-agreement-D856.png","https://templates.business-in-a-box.com/imgs/250px/856.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#856.xml",{"title":6,"description":6},[107,108],{"label":18,"url":93},{"label":18,"url":93},"arbitration agreement","/template/arbitration-agreement-D856",{"description":112,"descriptionCustom":6,"label":113,"pages":114,"size":9,"extension":10,"preview":115,"thumb":116,"svgFrame":117,"seoMetadata":118,"parents":120,"keywords":125,"url":126},"GENERAL RELEASE AND SETTLEMENT AGREEMENT This General Release and Settlement Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [PLAINTIFF'S FULL NAME] (the \"Plaintiff\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [DEFENDANT FULL NAME] (the \"Defendant\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] on behalf of themselves, their respective heirs, executors, administrators, agents, and assignees (collectively \"Defendant\"). (Plaintiff and Defendant are referred to herein collectively as the \"Party\" or \"Parties.\") WHEREAS, a dispute has arisen between the Parties regarding the [ describe dispute briefly] (the \"Dispute\"); and, WHEREAS, Plaintiff has filed an action in court in the matter of [case number and index number], (the \"Litigation\"); and, WHEREAS, Plaintiff has complained of economic damages arising out of the Dispute, which are expressly denied by Defendant; and, WHEREAS, the Parties have agreed to resolve the Dispute and the Litigation; and, WHEREFORE, intending to be legally bound, the Parties hereby agree as follows: SETTLEMENT PAYMENT 1.1. Defendant shall pay Plaintiff a total of $ [AMOUNT]. 1.2. At the time of the Parties' signing of this Agreement, Defendant shall have sent by hand delivery a bank check in the amount of $ [AMOUNT] (the \"Settlement Payment\") to the office of Plaintiff's attorney, [PLAINTIFF'S ATTORNEY], by [DELIVERY DATE]. 1.3. After the delivery of the Settlement Payment, Plaintiff shall execute an original and one copy of this Agreement and send to Defendant. Defendant shall execute and return a fully executed original of this Agreement to Plaintiff's counsel. Within one court day of receiving such fully executed Agreement and payment, Plaintiff will file a Stipulation of Discontinuance with the [COURT]. MUTUAL RELEASE In consideration for the Settlement Payment described in paragraph 1 above and other good and valuable consideration, receipt of which is hereby acknowledged, Plaintiff does hereby release, acquit, and forever discharge Defendant from any and all actions, claims, demands, damages, obligations, liabilities, controversies and executions, of any kind or nature whatsoever, whether known or unknown, whether suspected or not, which have arisen, or may have arisen, or shall arise by reason of any matter, cause or thing whatsoever, from the first day of the world, including this day and each day hereafter, and Plaintiff does specifically waive any claim or right to assert any cause of action or alleged cause of action or claim or demand which has, through oversight or error, intentionally or unintentionally or through a mutual mistake, been omitted from this Release. Defendant does hereby release, cancel, forgive and forever discharge Plaintiff and each of her holding companies, subsidiaries, affiliates, divisions, successors, heirs, and assigns in all capacities whatsoever, including without limitation as an officer, director, employee, representative, designee, agent, and shareholder thereof, from all actions, claims, demands, damages, obligations, liabilities, controversies and executions, of any kind or nature whatsoever, whether known or unknown, whether suspected or not, which have arisen, or may have arisen, or shall arise by reason of any matter, cause or thing whatsoever, from the first day of the world, including this day and each day hereafter, and Defendant does specifically waive any claim or right to assert any cause of action or alleged cause of action or claim or demand which has, through oversight or error, intentionally or unintentionally or through a mutual mistake, been omitted from this Release. DISMISSAL OF LAWSUIT ","General Release and Settlement Agreement","4","https://templates.business-in-a-box.com/imgs/1000px/general-release-and-settlement-agreement-D12554.png","https://templates.business-in-a-box.com/imgs/250px/12554.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12554.xml",{"title":119,"description":6},"general release and settlement agreement",[121,122],{"label":18,"url":93},{"label":123,"url":124},"Release Agreements","release-agreement","general release settlement agreement","/template/general-release-and-settlement-agreement-D12554",{"description":128,"descriptionCustom":6,"label":129,"pages":100,"size":9,"extension":10,"preview":130,"thumb":131,"svgFrame":132,"seoMetadata":133,"parents":135,"keywords":134,"url":140},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":134,"description":6},"non disclosure agreement nda",[136,137],{"label":18,"url":93},{"label":138,"url":139},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":142,"descriptionCustom":6,"label":143,"pages":144,"size":145,"extension":10,"preview":146,"thumb":147,"svgFrame":148,"seoMetadata":149,"parents":150,"keywords":154,"url":155},"INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (\"Agreement\") is made and effective [Date], BETWEEN: [INDEPENDENT CONTRACTOR NAME] (the \"Independent Contractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS Independent Contractor is engaged in providing [Describe] business services, its Employer Tax I.D. Number is [Insert], and its Business License Number is [insert]. Independent Contractor has complied with all Federal, State, and local laws regarding business permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work which is to be performed as an Independent Contractor pursuant to this Agreement. Independent Contractor is or remains open to conducting similar tasks or activities for clients other than the Company and holds themselves out to the public to be a separate business entity. Company desires to engage and contract for the services of the Independent Contractor to perform certain tasks as set forth below. Independent Contractor desires to enter into this Agreement and perform as an independent contractor for the company and is willing to do so on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows: TERMS This Agreement shall be effective commencing [Date], and shall continue until terminated at the completion of the Scope of Work which shall occur no later than [Date] or by either party as otherwise provided herein. STATUS OF INDEPENDENT CONTRACTOR This Agreement does not constitute a hiring by either party. It is the parties intentions that Independent Contractor shall have an independent contractor status and not be an employee for any purposes, including, but not limited to, [laws]. Independent Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. TASKS, DUTIES, AND SCOPE OF WORK Independent Contractor agrees to devote as much time, attention, and energy as necessary to complete or achieve the following: [Describe]. The above to be referred to in this Agreement as the \"Scope of Work\". It is expected that the Scope of Work will completed by [Date]. Independent Contractor shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above, including but not limited to, work being performed already or related change orders. Independent Contractor shall not be entitled to engage in any activities which are not expressly set forth by this Agreement. The books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Independent Contractor at the Independent Contractor's principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but are not limited to, any and all contract documents, change orders/purchase orders and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement. Independent Contractor shall be responsible to the management and directors of Company, but Independent Contractor will not be required to follow or establish a regular or daily work schedule. Supply all necessary equipment, materials and supplies. Independent Contractor will not rely on the equipment or offices of Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given Independent Contractors regarding the scope of work shall be considered a suggestion only, not an instruction. Company retains the right to inspect, stop, or alter the work of Independent Contractor to assure its conformity with this Agreement. ASSURANCE OF SERVICES Independent Contractor will assure that the following individuals (the \"Key Employees\") will be available to perform, and will perform, the Services hereunder until they are completed (identify by title and name as applicable): [Name of Key Employee, Title] [Name of Key Employee, Title] The Key Employees may be changed only with the prior written approval of the Company, which approval shall not be unreasonably withheld. COMPENSATION Independent Contractor shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as follows: [Describe] Such compensation shall become due and payable to Independent Contractor in the following time, place, and manner: [Describe] NOTICE CONCERNING WITHHOLDING OF TAXES Independent Contractor recognizes and understands that it will receive a [specify tax] statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Independent Contractor hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney's fees, and legal expenses, incurred by the Company as a result of independent contractor's failure to make such required payments. AGREEMENT TO WAIVE RIGHTS TO BENEFITS Independent Contractor hereby waives and foregoes the right to receive any benefits given by Company to its regular employees, including, but not limited to, health benefits, vacation and sick leave benefits, profit sharing plans, etc. This waiver is applicable to all non-salary benefits which might otherwise be found to accrue to the Independent Contractor by virtue of their services to Company, and is effective for the entire duration of Independent Contractor's agreement with Company. This waiver is effective independently of Independent Contractor's employment status as adjudged for taxation purposes or for any other purpose. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the consent of the other. TERMINATION This Agreement may be terminated prior to the completion or achievement of the Scope of Work by either party giving [number] days written notice. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement. NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY INFORMATION Independent Contractor agrees not to disclose or communicate, in any manner, either during or after Independent Contractor's agreement with Company, information about Company, its operations, clientele, or any other information, that relate to the business of Company including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Independent Contractor acknowledges that the above information is material and confidential and that it affects the profitability of Company. ","Independent Contractor Agreement","6",62,"https://templates.business-in-a-box.com/imgs/1000px/independent-contractor-agreement-D160.png","https://templates.business-in-a-box.com/imgs/250px/160.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#160.xml",{"title":6,"description":6},[151],{"label":152,"url":153},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":157,"descriptionCustom":6,"label":158,"pages":144,"size":9,"extension":10,"preview":159,"thumb":160,"svgFrame":161,"seoMetadata":162,"parents":164,"keywords":163,"url":167},"SERVICE AGREEMENT This SERVICE AGREEMENT (\"Agreement\") is effective [DATE], BETWEEN: [COMPANY NAME] (the \"Contractor\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Customer\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] (The Contractor and the Customer shall be individually referred to as a \"Party\" and collectively referred to as the \"Parties\", as the context may require). WHEREAS A. Contractor has experience and expertise in [DESCRIBE EXPERIENCE AND SERVICE]. B. Customer desires to have Contractor provide services for them. C. Contractor desires to provide services to Customer on the terms and conditions set forth herein (the \"Services\"). NOW THEREFORE, in consideration of the above recitals, the representations, warranties, and agreements contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which are now acknowledged, the Parties agree as follows: SERVICES PROVIDED Beginning on upon agreement to this contract, [CONTRACTOR] will provide to [CUSTOMER] the following service (collectively, the /Services\"): Description of the project: [DESCRIBE THE SERVICE REQUIRED]. SCOPE OF WORK Contractor agrees to provide Services pursuant to the Scope of Work set forth in Exhibit A attached hereto (the \"Scope of Work\"). TERM Unless both parties mutually agree on an extension, this contract will automatically terminate on [SPECIFY]. PERFORMANCE The parties agree to do everything possible to ensure that the terms of this Agreement take effect. PAYMENT FOR SERVICES In exchange for the Services rendered, a payment of [SPECIFY] will be made to the Contractor upon completion of the scheduled Services described in this Contract. If an invoice is not paid on the due date, interest will be added to the current balance. These amounts shall be payable, and the Customer shall pay all overdue amounts at the lesser of [SPECIFY] per cent per annum or the maximum percentage permitted by applicable law. Or Customer will pay Contractor as follows: [SPECIFY]. DELIVERY OF SERVICES The Contractor will exercise due diligence in the provision of services. However, the Customer acknowledges that the indicated delivery times and other payment milestones listed in Scope of Work are estimates and do not constitute final delivery dates. SECURITY The Contractor must make reasonable security arrangement to protect Material from unauthorized access, collection, use, alteration or disposal. OWNERSHIP RIGHT The Customer shall hold the copyright for the agreed version of the Services as delivered, and the Customer's copyright notice may be displayed in the final version. All works, ideas, discoveries, inventions, patents, products or other information that may be protected by copyright (collectively, the \"Work Product\" developed in whole or in part by the Contractor in connection with the Services, shall be the exclusive property of the Customer. Upon request, the Contractor shall execute all documents necessary to confirm or perfect the exclusive ownership of the Customer's \"Work Product\". The Contractor retains exclusive rights to pre-existing materials used in the Customer's projects. The Customer shall not have the right to reuse, resell or otherwise transfer material belonging to the contractor or third parties. The Contractor reserves the right to use the finished public product as an example of a product. RETURN OF PROPERTY Upon the expiry or termination of this Agreement, the Contractor will return to the Customer any property, documentation, records or Confidential Information which is the property of the Customer. COMPENSATION For all services rendered by the Contractor under this Agreement, the Customer shall indemnify the Contractor. In the event that the Customer fails to make any of the payments mentioned, the Contractor shall have the right, but shall not be obliged, to exercise any of the following remedies: ","Service Agreement","https://templates.business-in-a-box.com/imgs/1000px/service-agreement-D12711.png","https://templates.business-in-a-box.com/imgs/250px/12711.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12711.xml",{"title":163,"description":6},"service agreement",[165,166],{"label":18,"url":93},{"label":18,"url":93},"/template/service-agreement-D12711",false,{"seo":170,"reviewer":182,"quick_facts":186,"at_a_glance":189,"personas":193,"variants":218,"glossary":244,"clauses":274,"how_to_fill":325,"common_mistakes":361,"faqs":386,"industries":414,"comparisons":439,"diy_vs_lawyer":454,"jurisdictions":467,"related_template_ids_curated":488,"schema":499,"classification":500},{"meta_title":171,"meta_description":172,"primary_keyword":173,"secondary_keywords":174,"family":173,"is_canonical":168},"Short Mediation Agreement Template | Free Word Download","Free short mediation agreement template for business disputes. Covers mediator appointment, process rules, confidentiality, and binding terms.","mediation agreement template",[175,176,177,178,179,180,181],"mediation agreement template word","mediation agreement template free","short mediation agreement","business mediation agreement","mediation contract template","mediation agreement pdf","mediation agreement sample",{"name":183,"credential":184,"reviewed_date":185},"Bruno Goulet","CEO, Business in a Box","2026-05-02",{"difficulty":187,"legal_review_recommended":188,"signature_required":188},"medium",true,{"what_it_is":190,"when_you_need_it":191,"whats_inside":192},"A Mediation Agreement (Short Form) is a concise legally binding document that commits two or more disputing parties to resolve their conflict through a neutral third-party mediator before pursuing litigation or arbitration. This free Word download covers mediator selection, process rules, confidentiality obligations, and cost allocation in a streamlined format you can edit online and export as PDF in under 30 minutes.\n","Use it when a business dispute has arisen and both parties agree to attempt mediation — whether triggered by a dispute-resolution clause in an existing contract or reached voluntarily. It is also used at the start of a scheduled mediation session to confirm the parties' mutual commitment to the process before the mediator opens proceedings.\n","Parties and mediator identification, scope of the dispute, mediation process rules, confidentiality obligations, cost-sharing provisions, good-faith participation requirement, and a clause confirming that any resulting settlement must be recorded in a signed written agreement to be binding.\n",[194,198,202,206,210,214],{"title":195,"use_case":196,"icon_asset_id":197},"Small business owners","Resolving a contract or payment dispute with a vendor or client without going to court","persona-small-business-owner",{"title":199,"use_case":200,"icon_asset_id":201},"HR managers","Documenting the agreed mediation process for a workplace or employment dispute","persona-hr-manager",{"title":203,"use_case":204,"icon_asset_id":205},"Business partners","Committing to structured mediation before a partnership dissolution reaches litigation","persona-startup-founder",{"title":207,"use_case":208,"icon_asset_id":209},"Commercial landlords and tenants","Agreeing on mediation terms to resolve a lease dispute before court proceedings","persona-property-manager",{"title":211,"use_case":212,"icon_asset_id":213},"Legal counsel","Formalizing mediation terms for a client when a dispute-resolution clause requires it","persona-lawyer",{"title":215,"use_case":216,"icon_asset_id":217},"Operations directors","Standardizing a mediation framework for recurring supplier or contractor disputes","persona-operations-director",[219,222,226,230,233,237,240],{"situation":220,"recommended_template":7,"slug":221},"Brief, single-issue commercial dispute between two businesses","mediation-agreement-short-D12700",{"situation":223,"recommended_template":224,"slug":225},"Multi-party or complex commercial dispute requiring detailed process rules","Mediation Agreement (Long Form)","license-agreement-long-form-D1020",{"situation":227,"recommended_template":228,"slug":229},"Employment or workplace dispute between employer and employee","Employment Mediation Agreement","mediation-agreement-D893",{"situation":231,"recommended_template":99,"slug":232},"Parties prefer binding arbitration rather than non-binding mediation","arbitration-agreement-D856",{"situation":234,"recommended_template":235,"slug":236},"Parties want a combined med-arb clause in an existing contract","Dispute Resolution Clause Addendum","dispute-resolution-agreement-D13655",{"situation":238,"recommended_template":84,"slug":239},"Dispute has been resolved and parties need to record the outcome","settlement-agreement-D916",{"situation":241,"recommended_template":242,"slug":243},"Pre-dispute clause to be embedded in a new commercial contract","Mediation Clause (Contract Addendum)","contract-addendum-D13172",[245,248,251,254,257,260,262,265,268,271],{"term":246,"definition":247},"Mediation","A voluntary, confidential process in which a neutral third party helps disputing parties negotiate a mutually acceptable resolution — without imposing a decision.",{"term":249,"definition":250},"Mediator","The neutral third party who facilitates the mediation session, helps parties communicate, and proposes options — but has no authority to impose a binding outcome.",{"term":252,"definition":253},"Good Faith Participation","An obligation requiring each party to engage honestly and constructively in the mediation process, attending sessions, sharing relevant information, and genuinely attempting to reach resolution.",{"term":255,"definition":256},"Confidentiality Clause","A provision preventing parties from disclosing statements, documents, or offers made during mediation in any subsequent court or arbitration proceeding.",{"term":258,"definition":259},"Without Prejudice","A legal protection that prevents communications made during settlement negotiations — including mediation — from being used as evidence against the disclosing party in later proceedings.",{"term":84,"definition":261},"A separate binding written contract recording the specific terms agreed by the parties at the conclusion of a successful mediation.",{"term":263,"definition":264},"Caucus","A private session between the mediator and one party only, used to explore positions and options confidentially without the other party present.",{"term":266,"definition":267},"Impasse","A point in mediation where the parties cannot reach agreement and the mediator declares the process concluded without settlement.",{"term":269,"definition":270},"BATNA","Best Alternative to a Negotiated Agreement — each party's realistic fallback option if mediation fails, typically litigation or arbitration.",{"term":272,"definition":273},"Med-Arb","A hybrid dispute-resolution process where the parties first attempt mediation; if it fails, the same neutral (or a different one) proceeds to binding arbitration.",[275,280,285,290,295,300,305,310,315,320],{"name":276,"plain_english":277,"sample_language":278,"common_mistake":279},"Parties and mediator identification","Identifies all disputing parties by legal name and entity type, and names the agreed mediator or the mechanism for selecting one.","This Mediation Agreement is entered into on [DATE] between [PARTY A LEGAL NAME], a [ENTITY TYPE] ('Party A'), and [PARTY B LEGAL NAME], a [ENTITY TYPE] ('Party B'). The parties agree to engage [MEDIATOR FULL NAME / MEDIATION SERVICE NAME] as the neutral mediator ('Mediator').","Naming a mediator by first name or title only, without a full legal name or organization. If that mediator is unavailable, the agreement provides no fallback selection mechanism and the process stalls.",{"name":281,"plain_english":282,"sample_language":283,"common_mistake":284},"Scope of the dispute","Defines the specific dispute or claims being submitted to mediation so the mediator and parties know exactly what is — and is not — within scope.","The parties agree to submit the following dispute to mediation: [BRIEF DESCRIPTION OF DISPUTE], arising from [CONTRACT NAME / AGREEMENT DATED DATE / INCIDENT DESCRIPTION] ('the Dispute'). No claims outside the Dispute shall be addressed in this mediation without written consent of all parties.","Defining the scope so broadly ('all disputes between the parties') that unrelated claims are inadvertently included, expanding the mediation's complexity and cost beyond what either party intended.",{"name":286,"plain_english":287,"sample_language":288,"common_mistake":289},"Mediation process and rules","Sets out the procedural framework — location or platform, session scheduling, document exchange, and whether any institutional rules (AAA, JAMS, CEDR) apply.","Mediation shall be conducted in accordance with [AAA / JAMS / CEDR / ad hoc] rules at [LOCATION / via videoconference]. The first session shall be scheduled within [14 / 21 / 30] days of the date of this Agreement. Each party shall provide a brief written summary of its position at least [5] business days before the first session.","Omitting a scheduling deadline for the first session. Without one, a reluctant party can delay indefinitely while the other side waits, defeating the purpose of agreeing to mediate.",{"name":291,"plain_english":292,"sample_language":293,"common_mistake":294},"Confidentiality","Prohibits the parties and the mediator from disclosing statements, documents, proposals, or settlement offers made during mediation in any subsequent legal proceeding.","All communications, documents, and proposals made during the mediation, including any mediator proposals, are confidential and may not be disclosed to any third party or used as evidence in any arbitration, litigation, or other proceeding, except as required by law.","Failing to extend the confidentiality obligation to the mediator. Without an explicit mediator confidentiality obligation, the mediator could theoretically be subpoenaed as a witness in later proceedings.",{"name":296,"plain_english":297,"sample_language":298,"common_mistake":299},"Good faith participation","Requires each party to attend sessions, engage constructively, disclose relevant information, and genuinely attempt to negotiate a resolution.","Each party agrees to participate in the mediation in good faith, to attend all scheduled sessions with a representative having authority to settle, and to provide the Mediator with all information reasonably requested to facilitate resolution of the Dispute.","Sending a representative without settlement authority — for example, a junior employee who can only report back to management. This blocks real-time resolution and is a common bad-faith tactic that the clause should explicitly prohibit.",{"name":301,"plain_english":302,"sample_language":303,"common_mistake":304},"Cost allocation","States how the mediator's fees and session costs will be divided between the parties — typically split equally unless otherwise agreed.","The costs of mediation, including the Mediator's fees and session expenses, shall be shared equally by the parties unless otherwise agreed in writing. Each party shall bear its own legal and professional fees in connection with the mediation.","Leaving cost allocation silent. If one party later refuses to pay the mediator's invoice, the other has no contractual basis to enforce equal contribution without this clause.",{"name":306,"plain_english":307,"sample_language":308,"common_mistake":309},"Settlement recording","Confirms that any resolution reached in mediation is not binding until reduced to a separate signed written settlement agreement.","Any resolution of the Dispute reached through mediation shall not be binding on the parties until it is recorded in a separate written Settlement Agreement signed by authorized representatives of all parties.","Assuming a verbal agreement reached in a mediation session is immediately enforceable. Without this clause and a subsequent signed settlement, one party can later deny or walk back oral commitments made in the room.",{"name":311,"plain_english":312,"sample_language":313,"common_mistake":314},"Termination of mediation","Specifies the conditions under which mediation ends — either by settlement, written withdrawal by any party, or mediator declaration of impasse — and the effect on subsequent proceedings.","Either party may withdraw from mediation at any time by providing written notice to the other party and the Mediator. The Mediator may declare an impasse and terminate the mediation at any time. Termination does not affect any party's rights to pursue other dispute-resolution remedies.","No termination clause at all, which leaves parties unclear on whether mediation must be formally concluded before litigation can commence, potentially giving a court grounds to stay proceedings.",{"name":316,"plain_english":317,"sample_language":318,"common_mistake":319},"Effect on limitation periods","Clarifies whether the mediation process tolls or suspends any applicable statute of limitations, preventing a party from losing legal rights while attempting to resolve the dispute.","The parties agree that any applicable limitation period is tolled from the date of this Agreement until [30] days after mediation is terminated, to preserve each party's legal remedies in the event mediation is unsuccessful.","Omitting a tolling clause entirely. A party that mediated in good faith for several weeks may find its litigation window has closed while the process was ongoing — particularly in jurisdictions with short limitation periods.",{"name":321,"plain_english":322,"sample_language":323,"common_mistake":324},"Governing law","Identifies the jurisdiction whose law governs the interpretation and enforcement of the mediation agreement itself.","This Agreement is governed by the laws of [STATE / PROVINCE / COUNTRY], without regard to its conflict-of-laws provisions. Any dispute regarding the validity or enforceability of this Agreement shall be resolved in the courts of [JURISDICTION].","Selecting a governing law with no connection to where either party operates or the dispute arose. Courts in some jurisdictions will apply local law regardless of what the contract states, making an ill-chosen governing-law clause useless or misleading.",[326,331,336,341,346,351,356],{"step":327,"title":328,"description":329,"tip":330},1,"Identify all parties by their full legal names","Enter each disputing party's complete registered legal name and entity type (LLC, corporation, sole proprietor) in the parties block. If an individual is a party, use their legal name as it appears on government ID.","For corporate parties, verify the exact legal name against the state or provincial business registry — a trade name or common abbreviation may not match the registered entity and can complicate enforcement.",{"step":332,"title":333,"description":334,"tip":335},2,"Name the mediator or selection mechanism","Enter the agreed mediator's full name and credentials, or specify the institution (e.g., AAA, JAMS, CEDR) and the selection procedure. If a specific mediator has not yet been agreed upon, describe the appointment process with a deadline.","If the parties cannot agree on a mediator directly, naming a mediating institution that will appoint one eliminates that deadlock and keeps the process moving.",{"step":337,"title":338,"description":339,"tip":340},3,"Define the scope of the dispute precisely","Describe the dispute in one to three sentences — referencing the underlying contract, date, and nature of the claim. Narrow scope reduces session time and prevents tangential claims from derailing the process.","If the dispute involves multiple related claims, list each one separately rather than using an umbrella description. This prevents later disagreements about what was submitted to mediation.",{"step":342,"title":343,"description":344,"tip":345},4,"Select the procedural rules and set a first-session deadline","Choose whether the mediation follows institutional rules (AAA Commercial, JAMS, CEDR) or will proceed on an ad hoc basis with rules agreed by the parties. Enter a specific deadline — 14 to 30 days from signing — for scheduling the first session.","Institutional rules reduce drafting time and provide a ready-made framework for document exchange, caucus procedures, and mediator conduct. For a short-form agreement, referencing AAA or JAMS rules by name is sufficient.",{"step":347,"title":348,"description":349,"tip":350},5,"Confirm the cost-sharing arrangement","Enter how the mediator's fees will be split — typically 50/50 — and confirm that each party bears its own legal fees. If a different arrangement has been negotiated, state it explicitly.","For high-value disputes, request the mediator's daily or hourly rate in advance and include an agreed fee cap in the cost clause to prevent surprises.",{"step":352,"title":353,"description":354,"tip":355},6,"Review and agree on the confidentiality and tolling provisions","Confirm the confidentiality clause covers all parties and the mediator, and that the tolling clause specifies the limitation-period suspension start and end dates accurately.","If mediation is triggered by a contractual dispute-resolution clause, check that clause for any confidentiality terms that may conflict with or supplement this agreement's provisions.",{"step":357,"title":358,"description":359,"tip":360},7,"Have authorized representatives sign before the first session","All parties must sign before — or at the opening of — the first mediation session. Each signatory must have actual authority to bind the entity they represent.","For corporate parties, confirm that the signatory holds a title with binding authority (CEO, VP, authorized officer) or has a board resolution authorizing them to sign. A signature from someone lacking authority voids the agreement.",[362,366,370,374,378,382],{"mistake":363,"why_it_matters":364,"fix":365},"Sending a representative without settlement authority","Mediation requires real-time decision-making. A representative who must 'check with management' before agreeing to anything cannot settle, wasting all parties' time and the mediator's fees.","Explicitly require in the good-faith clause that each party attend with a person holding full authority to settle the dispute on behalf of the entity, and confirm this in writing before the session.",{"mistake":367,"why_it_matters":368,"fix":369},"Omitting a tolling clause for the statute of limitations","A party that participates in several weeks of mediation in good faith may inadvertently allow its litigation window to expire, permanently losing its legal remedy if mediation fails.","Include a clause that tolls any applicable limitation period from the date of the agreement until at least 30 days after mediation is formally terminated, preserving all parties' rights.",{"mistake":371,"why_it_matters":372,"fix":373},"Leaving mediator selection with no fallback mechanism","If the named mediator is unavailable and no selection procedure is specified, one party can block the process indefinitely by refusing to agree on an alternative, triggering a return to court.","Name a mediation institution (AAA, JAMS, CEDR) as a fallback appointing authority so a replacement mediator can be designated without further agreement between the parties.",{"mistake":375,"why_it_matters":376,"fix":377},"No written settlement requirement clause","Verbal agreements reached in the mediation room are difficult to enforce and frequently disputed after the session ends, particularly when one party has second thoughts overnight.","Include an explicit clause stating that no resolution is binding until both parties have signed a separate written settlement agreement, and draft that document before leaving the session.",{"mistake":379,"why_it_matters":380,"fix":381},"Defining the dispute scope too broadly","A scope clause covering 'all disputes between the parties' can drag unrelated claims into the mediation, inflating cost, time, and complexity beyond what either party anticipated.","Reference the specific contract, incident, or claim that gave rise to the dispute, and include a sentence confirming that claims outside this scope require written consent of all parties to be added.",{"mistake":383,"why_it_matters":384,"fix":385},"Failing to extend confidentiality to the mediator explicitly","Without an explicit mediator confidentiality obligation, the mediator could be compelled by subpoena to testify about statements made in caucus or joint session in subsequent litigation.","Draft the confidentiality clause to bind 'the parties and the Mediator' jointly, and reference any institutional rules that independently impose mediator confidentiality as a belt-and-suspenders measure.",[387,390,393,396,399,402,405,408,411],{"question":388,"answer":389},"What is a mediation agreement?","A mediation agreement is a binding contract that commits two or more disputing parties to attempt to resolve their conflict through a neutral third-party mediator before pursuing litigation or arbitration. It sets out the procedural rules for the mediation — who the mediator is, how sessions are conducted, what is confidential, and how costs are shared. Signing it does not guarantee a settlement, but it creates enforceable obligations around the process itself.\n",{"question":391,"answer":392},"Is a mediation agreement legally binding?","The mediation agreement itself — governing the process — is generally enforceable as a contract in most jurisdictions when signed by parties with authority and supported by consideration (typically the mutual commitment to mediate). The outcome of mediation is not binding unless the parties execute a separate written settlement agreement recording the agreed terms. Courts in the US, UK, Canada, and EU member states routinely enforce mediation agreements and stay litigation pending completion.\n",{"question":394,"answer":395},"What is the difference between mediation and arbitration?","In mediation, a neutral third party facilitates negotiation but has no authority to impose a decision — the parties control the outcome. In arbitration, a neutral arbitrator hears evidence and arguments and issues a binding decision similar to a court judgment. Mediation is typically faster, cheaper, and more flexible, but only works if both parties voluntarily reach agreement. Arbitration is appropriate when the parties need a definitive binding decision without going to court.\n",{"question":397,"answer":398},"When should I use a short-form versus a long-form mediation agreement?","A short-form agreement is appropriate for two-party commercial disputes involving a single or closely related set of claims, where both parties want to proceed quickly and trust in institutional rules (AAA, JAMS) to fill procedural gaps. A long-form agreement is better suited to multi-party disputes, high-value or technically complex claims, or situations where the parties want every procedural detail spelled out rather than deferred to institutional rules.\n",{"question":400,"answer":401},"Does mediating a dispute affect the statute of limitations?","Not automatically — participation in mediation does not toll the statute of limitations unless the mediation agreement includes an explicit tolling clause. Without one, a party that mediates in good faith for several weeks may find its litigation window has closed if mediation fails. Always include a tolling provision that suspends any applicable limitation period from the date of signing until at least 30 days after mediation terminates.\n",{"question":403,"answer":404},"Can a mediation agreement be enforced if one party refuses to participate?","Yes, in most jurisdictions. Courts will typically stay litigation and compel mediation when a valid mediation agreement or clause exists and one party has refused to participate. The court cannot compel a party to settle, but it can require attendance and good-faith engagement as a condition of proceeding to litigation. Enforcement is strongest when the agreement references a recognized institution's rules and has a clear scope.\n",{"question":406,"answer":407},"Does anything said in mediation become evidence in court?","Generally no — mediation communications are protected by confidentiality clauses in the agreement and, in many jurisdictions, by statute or common-law privilege. In the US, the Uniform Mediation Act provides statutory protection in adopting states. In the UK, communications made 'without prejudice' in settlement negotiations are inadmissible. However, these protections have limits — independently discoverable documents do not become privileged simply because they were shared in mediation.\n",{"question":409,"answer":410},"Do both parties need a lawyer to sign a mediation agreement?","Legal representation is not required to sign or participate in mediation, and many parties attend without lawyers. However, for commercial disputes involving significant sums, complex contracts, or potential litigation following failed mediation, having legal counsel review the agreement before signing is advisable. A lawyer can confirm the scope is correctly defined, the governing law is appropriate, and the tolling clause adequately protects your limitation period.\n",{"question":412,"answer":413},"What happens if mediation fails?","If mediation ends in impasse, any party may pursue litigation or arbitration as permitted by the underlying contract or applicable law. A well-drafted termination clause confirms this right explicitly, and the tolling clause preserves each party's limitation period for a defined window after the mediation ends. Statements and offers made during mediation remain confidential and generally cannot be used in subsequent proceedings.\n",[415,419,423,427,431,435],{"industry":416,"icon_asset_id":417,"specifics":418},"Construction","industry-construction","Payment disputes, defect claims, and subcontractor disagreements are routinely mediated under AIA and AGC contract dispute-resolution frameworks before costly litigation.",{"industry":420,"icon_asset_id":421,"specifics":422},"Professional Services","industry-professional-services","Fee disputes, scope-of-work disagreements, and professional liability claims between agencies, consultants, and clients are well-suited to short-form mediation given the ongoing relationship value both parties typically want to preserve.",{"industry":424,"icon_asset_id":425,"specifics":426},"Real Estate","industry-real-estate","Commercial lease disputes, purchase agreement failures, and landlord-tenant conflicts frequently reference mediation clauses in underlying contracts, making a short-form agreement the standard first step.",{"industry":428,"icon_asset_id":429,"specifics":430},"Technology / SaaS","industry-saas","IP ownership disputes, SLA breach claims, and software development contract disagreements often include mediation clauses that require a short-form agreement before either party can escalate to arbitration or litigation.",{"industry":432,"icon_asset_id":433,"specifics":434},"Financial Services","industry-fintech","Regulatory constraints mean financial services firms often prefer mediation over public litigation to resolve adviser-client, inter-bank, or fintech partnership disputes confidentially.",{"industry":436,"icon_asset_id":437,"specifics":438},"Healthcare","industry-healthtech","Vendor contract disputes, joint-venture breakdowns between practices, and billing disagreements with insurers are increasingly resolved through structured mediation to avoid the cost and publicity of court proceedings.",[440,443,446,450],{"vs":99,"vs_template_id":441,"summary":442},"arbitration-agreement-D12701","An arbitration agreement commits parties to a binding adjudication by a neutral arbitrator who issues a final enforceable award — equivalent in effect to a court judgment. A mediation agreement commits parties only to a facilitated negotiation process; no decision is imposed and settlement requires mutual agreement. Mediation is typically faster and cheaper, but arbitration provides finality when the parties cannot reach voluntary resolution.",{"vs":84,"vs_template_id":444,"summary":445},"settlement-agreement-D12695","A settlement agreement records the specific terms the parties have already agreed to resolve a dispute — it is the outcome document. A mediation agreement governs the process used to reach that outcome. The mediation agreement comes first; if mediation succeeds, the resulting terms are then captured in a separate settlement agreement signed by all parties.",{"vs":447,"vs_template_id":448,"summary":449},"Dispute Resolution Clause (Contract Addendum)","D{DISPUTE_RESOLUTION_CLAUSE_ID}","A dispute resolution clause is embedded in an existing contract before any dispute arises, committing parties to a specified resolution process if a conflict occurs. A mediation agreement is signed after a dispute has already emerged to govern a specific mediation session. The clause creates the obligation; the mediation agreement executes it.",{"vs":451,"vs_template_id":452,"summary":453},"General Release Agreement","general-release-agreement-D12696","A general release is a post-settlement document in which one party relinquishes all current and future claims against another in exchange for consideration. A mediation agreement governs the process of attempting to reach that settlement — it does not itself release any claims. Parties often execute a general release as part of or alongside a settlement agreement after successful mediation.",{"use_template":455,"template_plus_review":459,"custom_drafted":463},{"best_for":456,"cost":457,"time":458},"Two-party commercial disputes where both sides have already agreed to mediate and the dispute value is under $100K","Free","30 minutes to complete and sign",{"best_for":460,"cost":461,"time":462},"Disputes involving significant contract rights, IP, or employment claims where the limitation period needs careful tolling analysis","$200–$500 for a 1-hour lawyer review","1–2 business days",{"best_for":464,"cost":465,"time":466},"Multi-party disputes, high-value commercial claims over $500K, cross-border disputes, or regulated industries requiring tailored procedural rules","$800–$3,000+","3–7 business days",[468,473,478,483],{"code":469,"name":470,"flag_asset_id":471,"note":472},"us","United States","flag-us","The Uniform Mediation Act (UMA), adopted in approximately 12 states, provides statutory confidentiality for mediation communications. In non-UMA states, protection relies on contract and common law. Courts routinely enforce mediation clauses and will stay litigation pending completion. The FRE and most state evidence rules independently protect settlement communications under Rule 408, though this rule has scope limitations.",{"code":474,"name":475,"flag_asset_id":476,"note":477},"ca","Canada","flag-ca","Mediation is widely used and court-encouraged across Canadian provinces. Ontario's civil procedure rules and the ADR Institute of Canada provide established institutional frameworks. Quebec mediation is conducted primarily in French and regulated separately under the Code of Civil Procedure. Courts in most provinces have inherent jurisdiction to stay litigation pending contractually agreed mediation.",{"code":479,"name":480,"flag_asset_id":481,"note":482},"uk","United Kingdom","flag-uk","UK courts actively encourage mediation and may impose cost sanctions on a party that unreasonably refuses to mediate — confirmed in cases such as Halsey v. Milton Keynes (2004) and reinforced in subsequent Court of Appeal decisions. CEDR and the Centre for Effective Dispute Resolution are the leading institutional providers. Mediation communications are protected by the without-prejudice rule and contract confidentiality.",{"code":484,"name":485,"flag_asset_id":486,"note":487},"eu","European Union","flag-eu","The EU Mediation Directive (2008/52/EC) establishes a common framework for cross-border civil and commercial mediation, requiring member states to ensure court referral to mediation and enforceability of mediated settlements. Limitation periods are suspended during cross-border mediation under the Directive. Several member states — Italy, Germany, and France — have mandatory mediation requirements for specific dispute categories before court access is permitted.",[239,232,489,490,491,492,493,494,495,496,497,498],"general-release-and-settlement-agreement-D12554","non-disclosure-agreement-nda-D12692","independent-contractor-agreement-D160","service-agreement-D12711","cease-and-desist-letter-D12916","demand-letter-D13262","joint-venture-agreement-D889","partnership-agreement-D12704","asset-purchase-agreement-for-a-retail-business-D931","mutual-release-D1043",{"emit_how_to":188,"emit_defined_term":188},{"primary_folder":93,"secondary_folder":501,"document_type":502,"industry":503,"business_stage":504,"tags":505,"confidence":510},"transfers-terminations-and-releases","agreement","general","all-stages",[502,506,507,508,509],"legal","confidentiality","mediation","dispute-resolution",0.85,"\u003Ch2>What is a Mediation Agreement (Short Form)?\u003C/h2>\n\u003Cp>A \u003Cstrong>Mediation Agreement (Short Form)\u003C/strong> is a concise legally binding contract that commits two or more disputing parties to resolve a specific conflict through a neutral third-party mediator before pursuing litigation or arbitration. It establishes the ground rules for the mediation process — who the mediator is, what dispute is within scope, how sessions are conducted, what remains confidential, and how costs are shared — without the procedural complexity of a full multi-party mediation protocol. Unlike the outcome of a successful mediation (which is captured in a separate settlement agreement), the mediation agreement governs the process itself and creates enforceable obligations around participation, confidentiality, and cost contribution.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Attempting to mediate a business dispute without a signed agreement leaves every participant exposed. Without a confidentiality clause binding all parties and the mediator, statements and settlement offers made in the room can be introduced as evidence in subsequent litigation. Without a tolling clause, the weeks spent in mediation may quietly extinguish a party's right to sue if negotiations fail. Without a written settlement requirement, a verbal agreement reached after hours of negotiation can be repudiated the next morning. A signed mediation agreement resolves all of these risks before the first session opens, giving every party a clear and enforceable framework to work within. This template provides that framework in under 30 minutes, and a brief legal review is all that is typically needed to confirm it is correctly scoped for your specific dispute.\u003C/p>\n",1779480614075]