Mediation Agreement

Mediation Agreement: Set the Ground Rules Before You Mediate

A mediation agreement is the contract the parties to a dispute sign with their mediator before a mediation starts. It confirms who is taking part, what the dispute is about, how the mediation will run, who pays the costs and, most importantly, that what is said in the mediation stays confidential. Robot Lawyer drafts your mediation agreement from your answers and frames it under the law of the country or state you choose. On the Verified plan, a legal professional checks it before it is signed.

It is also known as an agreement to mediate or a mediation contract.

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What Is a Mediation Agreement?

Mediation is a way of resolving disputes in which an impartial mediator helps the parties talk and work towards a solution they can all accept. The mediator doesn't decide who is right and can't impose an outcome. It is usually confidential, and often quicker and cheaper than going to court.

The mediation agreement sets the ground rules. It makes sure everyone understands the process, the mediator's role and the limits of confidentiality before any discussions begin, which helps the parties talk openly.

When Should You Use One?

• Business and contract disputes
  Unpaid invoices, failed projects, supplier disagreements or disputes between shareholders or partners.
• Neighbour and property disputes
  Boundaries, noise, access or shared repairs.
• Workplace disputes
  Disagreements between colleagues or between an employee and employer.
• Consumer and service disputes
  Complaints about goods, services or building work.
• Before or during court proceedings
  Courts encourage parties to consider mediation and other ways of settling.

Family mediation, for example about children or finances on separation, has its own rules and procedures, so this agreement is not designed for it.

What's Included in Your Mediation Agreement?

• The parties and the mediator
  Names and addresses of everyone signing.
• The dispute
  A short description of the issues to be resolved and what the parties hope to achieve.
• The mediator's role
  Impartial, facilitative and not giving legal advice to any party.
• Process
  How the mediation will be structured, such as opening statements, joint sessions and private meetings.
• Date and venue
  Where and when the mediation will take place, in person or online.
• Preparation
  Any documents or information to be exchanged before the day.
• Representation
  Whether the parties can or must bring lawyers or other representatives.
• Confidentiality
  What is said and shared stays confidential and can't be used later in court, subject to limited exceptions.
• Costs
  How the mediator's fees, venue hire and other expenses are shared.
• Settlement
  How any agreement will be recorded, and that it isn't binding until it is written down and signed.
• If there is no settlement
  What happens next, such as a follow-up session.
• Governing law
  The country or state whose law applies.

How Mediation Works

1. Agree to mediate
   The parties choose a mediator and sign the mediation agreement.
2. Prepare
   Each party sends the mediator a short summary of the dispute and any key documents.
3. Mediation day
   The mediator usually meets everyone together and then in private sessions, moving between the parties to explore options.
4. Settlement
   If the parties reach agreement, it is written down and signed before everyone leaves. If not, the mediator may help agree next steps.

How It Works on Robot Lawyer

1. Answer the questions
   Tell us about the parties, the mediator, the dispute and how the mediation will run.
2. Generate your agreement
   We draft a clear mediation agreement with strong confidentiality and costs terms.
3. Get it verified
   On the Verified plan, a qualified legal professional checks the document within 24 hours and makes amendments where needed. See how our documents are verified.
4. Sign before you start
   The parties and the mediator sign the agreement before the mediation begins.

Robot Lawyer is a subscription. The Essentials plan is £13.99 a month, and the Verified plan, which includes verification of your finished document by a legal professional, is £24.99 a month. Both start with a 7-day free trial. See our pricing.

Mediation Agreement FAQs

Is a mediation agreement legally binding?

Yes. It is a contract between the parties and the mediator about how the mediation will run, including confidentiality and costs. It doesn't bind anyone to settle. Any settlement is recorded in a separate written agreement.

Is what is said in mediation confidential?

That is one of the main purposes of the agreement. The parties agree that what is said and shared in the mediation is confidential and won't be used later in court, subject to limited exceptions, for example where disclosure is required by law.

Do we need lawyers at the mediation?

Not necessarily. Many people mediate without lawyers, especially in smaller disputes. In complex or high-value disputes, parties often bring a lawyer. Your agreement records what has been agreed.

Who pays for mediation?

Usually the parties share the mediator's fees and venue costs equally, but you can agree any split. Each party normally pays its own legal costs.

How do I find a mediator?

UK only: GOV.UK suggests the Civil Mediation Council for mediators in England and Wales and the Scottish Mediation Network in Scotland. Your council or housing association may also offer a mediation service for neighbour disputes.

Can I use this agreement outside the UK?

Yes. Your agreement is drafted under the law of the country or state you choose. Our lawyers are qualified in England and Wales and check documents for good practice, clear formatting and the law of England and Wales. They are not qualified in other countries' law, so if your agreement is governed by another country's law, we recommend having a local lawyer check it too.

Create a Verified Mediation Agreement Online

Set clear ground rules for your mediation in minutes. Related documents: Mediation Settlement Agreement, Letter Before Legal Action and Non-Disclosure Agreement.