Mediation Settlement Agreement

Mediation Settlement Agreement: Record What You Agreed

A mediation settlement agreement records the terms the parties agreed to resolve their dispute at mediation. It sets out who will do what, any payments and deadlines, and what happens to the claims that have been settled, so the agreement can be relied on and enforced. Robot Lawyer drafts your settlement 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 a mediated settlement agreement or a settlement agreement following mediation.

CONTENTS

What Is a Mediation Settlement Agreement?

At the end of a successful mediation, the parties have agreed in principle how to resolve their dispute. Those terms usually aren't binding until they are written down and signed. A settlement agreement turns the deal into a clear, binding contract.

A well-drafted settlement agreement is precise. It says exactly what each party must do and by when, deals with all the claims being settled, and explains what happens if someone doesn't keep their side of the bargain. Vague wording can lead to a second dispute about what was agreed.

When Should You Use One?

• After a successful mediation
  To record the terms agreed on the day, or shortly afterwards.
• After a partial settlement
  To record the issues that have been resolved, leaving others to be decided another way.
• Business and contract disputes
  Such as payment disputes, failed projects or disagreements between business partners.
• Property and neighbour disputes
  Such as boundaries, access, noise or shared repairs.
• Disputes in court proceedings
  Where the parties also need to tell the court about the settlement.

Some settlements need a specific form. For example, UK only: a settlement of employment claims usually needs a settlement agreement that meets statutory conditions, including advice from an independent adviser. Family settlements on separation also have their own procedures.

What's Included in Your Settlement Agreement?

• The parties and the mediation
  Names and addresses, the mediator, and the date and place of the mediation.
• Background
  A short, neutral description of the dispute.
• Settlement terms
  Exactly what each party has agreed to do, with deadlines.
• Payment terms
  The amount, who pays whom, when and how.
• Release of claims
  An optional clause stopping the parties bringing further claims about the matters settled.
• No admission of liability
  An optional statement that settling isn't an admission by any party.
• Confidentiality
  An optional clause keeping the terms private for the period you choose.
• Compliance and breach
  How compliance will be checked and what happens if a party doesn't comply.
• Disputes about the agreement
  How any disagreement about the settlement itself will be resolved.
• Entire agreement
  An optional clause confirming the document replaces earlier discussions about the dispute.
• Effective date and signatures
  When the agreement takes effect, and signature blocks for each party.

Tips for an Effective Settlement

• Be specific
  Use exact amounts, dates, account details and descriptions of what must be done.
• Cover all the claims
  Make clear which claims are settled, and whether any are excluded.
• Deal with court proceedings
  If a claim has been issued, say how and when the court will be told and who pays the costs.
• Plan for non-payment
  Consider what happens if a payment is late, such as interest or the right to enforce the agreement.
• Sign it promptly
  Ideally on the day of the mediation, while everyone is still together.

How It Works on Robot Lawyer

1. Answer the questions
   Tell us about the parties, the mediation and the terms agreed.
2. Generate your agreement
   We draft a clear, precise settlement agreement that reflects your 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 and comply
   Each party signs, keeps a copy and carries out its obligations on time.

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 Settlement Agreement FAQs

Is a mediation settlement agreement legally binding?

Once it is written down and signed by the parties, it is normally a binding contract. If a party doesn't comply, the other can usually enforce it. Your agreement can also say how compliance will be checked and what happens on breach.

Does the mediator sign the settlement agreement?

Not usually as a party, because the mediator isn't bound by its terms. Some mediators sign to confirm they witnessed it, if the parties want that.

What does a release of claims mean?

It means the parties agree not to bring any further claims about the matters settled. It gives finality, so check carefully that it covers the right claims and doesn't release anything you want to keep.

Does settling mean admitting liability?

Not if your agreement says so. A "no admission of liability" clause confirms that settling is a practical decision and not an admission by any party.

What if court proceedings have already started?

The court will need to be told that the claim has settled. Depending on the country and the court, this may mean a consent order or a formal notice. Your agreement can say who will do this and when.

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 Settlement Agreement Online

Turn what you agreed into a clear, binding agreement in minutes. Related documents: Mediation Agreement, Debt Settlement Agreement and Non-Disclosure Agreement.