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The Mediation Agreement is a document between parties who have decided to have their disputes resolved through mediation. The document outlines the terms of the mediation process, including selection of the mediator, the mediation procedure, By signing this agreement, the parties have agreed to submit themselves to mediation if any issue arises from their transaction, instead of a rigorous court proceeding.
Mediation is an alternative dispute resolution method that involves an independent party (called the mediator), who assists the parties to reach a mutual settlement. The mediator does not act as a judge or a legal advisor but helps the parties to settle their dispute. If the matter is resolved by mediation, the parties will draw up a settlement agreement that contains the terms of the settlement, which can be entered into as a consent judgement.
Mediation does not preclude the parties from settling the dispute in court or exploring other alternative dispute resolution methods such as arbitration. This means that if parties do not settle, the may agree to refer their matter to arbitration or through litigation.
How to use the document
This document should be used by parties that want to resolve their dispute through mediation. It requires the particulars of all the parties involved, the appointment of the mediation, the mediator's fees, the process of the mediation, and other details of the mediation proceeding.
After completing this document, it should be signed by all the parties, and each party should keep a signed copy of this document for record purposes.
Mediation practice in Nigeria is subject to both federal and state legislations. For example, in Lagos state, the following laws apply to mediation practice:
The general rules of contract also apply to this document.
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Other names for the document: Mediation Contract, Agreement for Mediation, Agreement to Mediate, Mediator Agreement, Mediator and Party Agreement