ABSTRACT

The use of an agreement to mediate is recommended not only for the benefits received by clearly delineating the services provided by the mediator, but also to delineate what the parties can and cannot expect, and what it will cost. There are many different types used in international commercial mediation the following are a representative sampling. The first example is an agreement used in the United States to mediate where there is an appointing body that chooses the mediator, acts as the administrator of the process, and refers back to the Uniform Mediation Act. It should be noted that in this form of agreement the mediator can be asked to draft the mediation settlement agreement, a potentially dangerous situation and fraught with liability for the mediator, but here it is presented such that the parties and their lawyers have to agree with what has been written by the mediator.