| Commentary

97 Key provisions in a mediation agreement

| Commentary

97 Key provisions in a mediation agreement

The mediation agreement1 should address confidentiality, the ‘without prejudice’ nature of the process, authority to settle and the immunity of the ADR professional. It may also address issues such as:

  1. 97.1

        what is to happen if no settlement is reached (is there to be a fall-back provision for a binding decision, through litigation or arbitration, where the parties have not already made express provision for this in their contract);

  2. 97.2

        the return of documents at the end of the process;

  3. 97.3

        the circumstances in which a party may have recourse to

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