This is my standard mediation agreement in civil & commercial cases. My terms of mediation are always attached to form part of this agreement -- they can be reviewed at the tab on the right.
Note that this form refers to an existing lawsuit. If mediation were undertaken before any lawsuit were issued, reference to the Court file number (para. 2) and to "pleadings in the action" (para. 6) would be deleted - and, if no action has been commenced, counsel must be mindful of and plan for any pending limitation period, as time continues to run.
Caution: if this sample is used as a precedent, take care to review it and make revisions as necessary to address the circumstances of your case.
AGREEMENT TO MEDIATE
Jane C. Demaray Mediator
1.
DATE:
2.
COURT FILE NO.:
3.
PARTIES:
4.
AGREEMENT: The parties agree to mediate certain differences between them through the services of Jane C. Demaray, as Mediator.
5.
TERMS OF MEDIATION: The parties agree to be bound by the Terms of Mediation, attached.
6.
ISSUES: The issues for mediation are as outlined in the pleadings in this action and in the Statements of Issues delivered by the parties.
7.
COSTS OF THE MEDIATION: Ms. Demaray's fee as mediator in this matter is $ ____ per hour, plus H.S.T. Her time relating to the mediation will be billed at no more than a total of 1 hour for preparation and administration before and after the session, and the actual time in session at no less than 3 hours. The parties agree to share the fees and expenses related to the mediation equally, but shall be jointly and severally responsible to the Mediator for any unpaid or outstanding fees and expenses
8.
SIGNING: The parties will have an opportunity to review this Agreement with their counsel, and will then sign the Agreement, prior to the commencement of the mediation session.
9.
CONSENT TO THIS AGREEMENT: Each of the parties has read this Agreement and, in signing it, agrees to proceed with the mediation on the terms contained in it and in the attached Terms of Mediation.
Signed at __________________________ this ______ day of __________________________ .
