Drafting a Mediation Agreement Couldn’t Be Easier!
Do you have a dispute you want to settle but don’t want to trouble yourself with going to court? We can help you out! In our guide, you can learn about a mediation agreement and how to draft it. DoNotPay will decipher various legal documents and assist in writing any contract.
What Is a Mediation Agreement?
Mediation agreements—also known as mediated settlement agreements—are the result of negotiations between two parties under the guidance of a skilled third party, known as the mediator. The purpose of these documents is to resolve conflicts, negotiate the terms of the arrangement, and protect both parties’ interests.
Mediation agreements are different from other legal documents in both language and content. The language of mediated agreements is more straightforward and does not contain heavy legal jargon. Each agreement is different in content because it defines a unique dispute resolution process.
Advantages of a Mediation Agreement
If you opt for a mediation agreement instead of going to court, you can enjoy many benefits. Check the table below for details:
|Fast outcome due to mediation||The slow process of reaching a verdict|
|Greater control over negotiation and decision-making||No impact on the decision|
|Confidential||Proceedings have the potential to be public|
|Both parties can decide on a convenient venue||You have to appear in court, even if it is not convenient|
How Does a Mediation Agreement Work?
The following issues need to be addressed in a proper mediation agreement:
- Naming all active parties
- Detailing the mediation agreement
- Identifying topics and interests
- Interim agreement
- Final document
Naming All Parties
If you’re drafting a private mediation contract, you can identify parties by their given names. Private mediation includes disputes like family or interpersonal conflicts.
In the case of business-related mediation, the authority of the person representing the company needs to be clearly defined. This should ideally be done before entering their name into the contract.
Detailing the Mediation Agreement
The detailing involves creating a framework with the following points:
- An outline of the main points of conflict
- A statement confirming both parties are comfortable with the negotiations
- A resolution statement
The mediation agreement does not include any details of the actual dispute.
Identifying Topics and Interests
The mediator explains the rights and responsibilities of both parties. The terms and conditions should be as detailed as possible for effective mediation.
If any suggestion appeals to both parties during the settlement process, it is laid out as a written agreement. This is called a provisional agreement and has the potential to turn into a final settlement after further discussions.
The interim agreement is not legally binding. It is a process of cultivating a resolutory environment for conflict resolution to acknowledge mutual legal interests. The interim agreement needs to be clear, concise, and transparent.
Revisions are turned to clauses in the interim agreement to formulate a final agreement acceptable to both parties.
It is the responsibility of the mediator to make sure both parties understand the contract. If deemed necessary, the mediator will read out the document to each party separately. Once both parties agree, they should also consult their respective lawyers before signing the document. The signatures confirm the signers understand and agree with the terms and conditions of the contract.
The final agreement should ideally contain a clause for future conflict resolution.
Although it is not mandatory, get your mediation agreement notarized by a notary public to confirm that both parties have willingly signed the document.
Is a Mediation Agreement Legally Binding?
If the mediation contract is court-ordered and contains adequate signatures, it becomes legally binding and is enforceable in a court of law. If any party fails to honor it, they are liable to disciplinary action, including fines and imprisonment.
If it is not court-ordered, it is not applicable in a court of law, and it is up to the parties whether they will honor the contract.
DoNotPay Can Help You Make Legal Documents Quickly
Creating legal documents can be quite a hassle if you don’t have the right resources. You can hire a lawyer, but they tend to charge a fortune. Online contract templates are cheap but usually fail to meet the requirements of a valid agreement. DoNotPay can help you out! In a few quick steps, we can generate an agreement for you:
- Register for DoNotPay
- Enter the name of the document
- Converse with our chatbot to disclose all the details
- Receive your personalized document
You might have to get the document notarized as well. Our Standardized Legal Document tool is integrated with the Notarize Any Document feature, so you can do both in the same app!
Here is a list of the documents DoNotPay can draw up for you:
Don’t worry if you can’t find a specific document in the table. We’re continually working on updating the list, so stay tuned to find out more!
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