If you and the other side have decided to mediate, then the mediator will ask all the parties to sign the agreement to mediate. The agreement sets out the basic conditions, which will govern the mediation. The agreement to mediate will usually include clauses dealing with:
- the mediator's role - clarification that the mediator is independent, neutral and not there to make a decision
- confidentiality - reinforces that all information disclosed udirng the mediation is subject to confidentiality, unless an exception is available
- parties' participation - may include the parties agreeing to be cooperative
- termination of the mediation - will clarify that either party ot the mediator may terminate the mediation at any time
To see an example of an agreement to mediate have a look at the HKIAC website.