Purpose of Mediation Clause Samples

The Purpose of Mediation clause defines the main objective of engaging in mediation as a means to resolve disputes between parties before pursuing litigation or arbitration. Typically, this clause clarifies that mediation is intended to facilitate open communication and negotiation in a neutral setting, often with the help of a third-party mediator, to reach a mutually acceptable solution. By establishing mediation as a first step, the clause helps prevent costly and time-consuming legal proceedings, encouraging parties to resolve conflicts amicably and efficiently.
Purpose of Mediation. This clause provides for the use of Mediation as an alternative means of resolving disputes which may arise under this Agreement. Mediation allows parties to make an educated assessment of their respective cases, and then engage in a negotiated settlement discussion. Such a procedure can save both parties valuable time, resources, and legal costs. Should Mediation be utilized, a Mediation Agreement shall be drafted and adopted which will set forth the governing procedures and terms.
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Purpose of Mediation. The purpose of the mediation is to attempt to settle all outstanding issues between the parties. In order to do so, the parties are prepared to identify points of agreement or disagreement, and will consider compromises, accommodations or alternative solutions.
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Purpose of Mediation. Divorce Mediation is designed to enable you to discuss and reach agreement on the best arrangements for the individuals and the family in a situation where the Husband and Wife are living apart or are planning to do so. Your agreements will be included in either a Memorandum of Understanding or a Separation or Settlement Agreement prepared by the mediator. Most couples in mediation intend to divorce eventually and the agreement can be used as the foundation for the Commencement of an Action for Divorce.
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Purpose of Mediation. The Parties and all Counsel hereby appoint the Mediator to conduct a mediation in the Dispute. The Parties and all Counsel understand that mediation is a process in which the Mediator assists Parties to reach agreement in a consensual and confidential manner. The Parties and all Counsel understand that the Mediator has no power or authority to decide disputed issues for the Parties. The Parties and all Counsel understand that the Mediator's objective is to facilitate the Parties themselves reaching an agreement to resolve the Dispute. The Parties and all Counsel further understand that mediation is not a substitute for independent legal advice, and that the Mediator will not be providing legal advice to any Party or Counsel. The Parties are encouraged to obtain legal advice from their Counsel throughout the mediation process, including legal review of any settlement agreement that is reached as a result of the mediation before signing that agreement.
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Purpose of Mediation. The Parties hereby agree to resolve, or in good faith attempt to resolve, the dispute arising out of or in connection with [insert brief description of the dispute or the case number/matter enrolled before the High Court], through a process of mediation administered by the Arbitration Foundation of Southern Africa (AFSA). The mediation shall be conducted in accordance with the AFSA Mediation Rules, as in force at the time of signing this Agreement, which Rules are deemed incorporated herein by reference. The Parties acknowledge that: 1.1. Mediation is a confidential, voluntary, and facilitative process in which a neutral third party (the Mediator) assists them in exploring the resolution of the dispute; 1.2. The objective of the mediation is to seek a mutually acceptable settlement of the dispute without resorting to further adversarial proceedings; 1.3. This Agreement serves as the procedural and contractual foundation upon which the mediation will proceed, and shall govern the conduct of the Parties and the Mediator throughout the process; 1.4. The mediation will be conducted under the auspices of AFSA as the administering institution, which shall coordinate the process and may provide facilities, case management services, and procedural oversight as necessary; 1.5. The seat of the mediation shall be AFSA Johannesburg, unless the Parties and the Mediator agree to conduct the mediation remotely via AFSA’s secure online platform; and 1.6. Nothing in this Agreement shall be construed as obliging the Parties to reach a settlement, but all Parties undertake to participate in the process in good faith and with the intention of exploring all reasonable prospects of resolution.
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Related to Purpose of Mediation

  • Mandatory Mediation a. The PARTIES hereto agree prior to commencing any legal action relating to any Claim, as defined herein, to submit the Claim to a mandatory good-faith mediation process (“Mediation”). The PARTIES’ expectations are that if the Claim is made by a third party (e.g., a contractor), that the third party will be a participant in that Mediation. The PARTIES agree that any statute of limitations applicable to any Claim shall be tolled for the period from the date a PARTY requests Mediation through fourteen (14) days after termination of the Mediation, unless otherwise agreed to by the Parties. b. Except as set forth below, the PARTIES agree to refrain from filing, maintaining or prosecuting any action related to the Claim during the pendency of the Mediation provided that the Mediation must commence within thirty (30) days after a PARTY makes written demand to the other for Mediation. c. The PARTIES shall participate in a minimum of one full-day mediation session before the Mediation may be declared unsuccessful and terminated by either PARTY. The Mediation shall be conducted in accordance with the rules as the PARTIES agree upon, or in the absence of agreement, in accordance with the Commercial Mediation Rules of JAMS/Endispute. Evidence of anything said, any admissions made, and any documents prepared in the course of the Mediation shall not be admissible in evidence or subject to discovery in any court action pursuant to Evidence Code Section 1152.5. d. The PARTIES shall mutually agree to the selection of a mediator who is an attorney that is experienced in public works construction claims. If the PARTIES are unable to agree upon a mediator, then the mediator shall be appointed by JAMS/Endispute. e. The Mediation shall take place at a location within twenty (20) miles of the DISTRICT’s administrative office. The mediator’s fees and administrative fees, if any, shall be split equally between the PARTIES, but, unless otherwise agreed to in writing, each PARTY shall bear its own attorney's fees. f. If any PARTY commences a legal action without first attempting to resolve the Claim as required by this Article IX, that PARTY shall be in breach of this AGREEMENT and shall not be entitled to recover attorney's fees that might have otherwise been recoverable. g. This mandatory mediation process shall only apply to Claims pursuant to the Article XIII, Section 5 herein and shall not apply to any disputes to be resolved pursuant to the Alternative Dispute Resolution provision herein.

  • Termination of Mediation The mediation shall be terminated: 1) By the execution of a Settlement Agreement by the Parties; 2) By a written declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or 3) By a written declaration of a Party or Parties to the effect that the mediation proceedings are terminated.

  • Conduct of mediation In consultation with the mediator, the parties must determine a location, timetable and procedure for the mediation or, if the parties cannot agree on these matters within 7 Working Days of the appointment of the mediator these matters will be determined by the mediator.