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Mediation Tools

Minute Mediation > Mediation Tools

For the mediation process to go as seamlessly as possible and be more easily understood by all the parties involved, we have provided below a few mediation tools to assist with the process. These include:

Model Mediation Clause 

 

Agreement To Mediate

 

10 Top Tips For Success In Commercial Mediation  

 

Model Mediation Clause

 

A Mediation clause within a commercial agreement gives parties the opportunity to resolve disputes through mediation as an alternative to Court litigation or Arbitration.

Mediation can also be used in combination with Arbitration and litigation to identify the issues in contention and then seek legal resolution in an arbitration or court litigation claim.

It is important to ensure the dispute resolution clauses drafted within a commercial agreement are not dysfunctional or inconsistent which can have significant consequences for the parties in the event of a dispute.

Several dispute resolution institutions such as CEDR, CIArb, and Pro-mediate have developed their own model clauses for use within commercial agreements, below are examples of model clauses to be used within commercial contracts using English law and in International agreements using the institution’s services to assist with venue and finding suitable mediators on their panels to facilitate the dispute.

 

Unsure whether the Mediation procedure is right for you? Click here to listen to my video on the benefits of the Mediation.

 

Click on the button below to download suggested model mediation clauses for your agreements 

Download PDF

Mediation Agreement 

 

Before you enter mediation, you’ll need to sign an agreement consenting to the process. Our mediation expert will draft a mediation agreement for both parties, which will serve as the proof for them having agreed to the procedure and having opted for mediation willingly.

A mediation agreement is a document outlining specific terms of agreement for both parties as well as the mediator in question. It provides the basic framework of what’s meant to be achieved in the procedure, how the process is meant to unfold, and the confidentiality obligations.

Some of the things participants agree to when signing the mediation agreement form include:

  • Their consent to participate in the process in good faith and with the goal to come to some sort of settlement that’s rooted in common ground
  • The mediator’s role as a facilitator and an impartial negotiator
  • The confidentiality of the mediation setting

 

Download our mediation agreement below by clicking the button below

Mediation Agreement

EBOOK – 10 TOP TIPS FOR COMMERCIAL MEDIATION

 

This e-book is aimed at business owners and entrepreneurs who are unfamiliar with the mediation procedure or want to prepare for an upcoming mediation. It is a guide on how to best prepare for success to settle business issues with other parties, for instance with shareholders, business partners, and suppliers.

The book is a comprehensive guide offering insightful tips on how to make the most of mediation and potentially have a successful outcome in the mediation.

Click the button below to download the guide.

Download e-Book
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