ABSTRACT
What basic features emerge from the above draft? These are: (a) a common desire to settle the dispute by mediation; (b) a pledge to act in good faith; (c) a stipulation of confidentiality for the mediator, as well as the parties; (d) a ‘without prejudice’ clause so that the comments made in the mediation may not
be used outside the mediation, nor in any future proceedings; (e) inability to call the mediator as a witness at future proceedings, nor will the
mediator’s notes be subpoenaed; (f) the name of the mediator, the length of the mediation and the fee for the
mediation; and (g) the right of the parties to withdraw from the mediation at any time.
