Jurisdiction(s):
United Kingdom

Key definition

Mediation agreement definition

What does Mediation agreement mean? A mediation agreement (often called an agreement to mediate) is the contract the parties sign, usually with the mediator or mediation provider, before a mediation begins. It sets the ground rules and procedure for the mediation, including confidentiality and without prejudice/privilege protections (subject to standard exceptions such as threats of harm or crime), the voluntary and non-binding nature of the process, the mediator’s independence and role (facilitator, not adviser), limits or exclusions of the mediator’s liability, fees and costs, authority to settle, disclosure and data protection, timetable, and governing law/jurisdiction. The term is a descriptive expression used...

How to Choose a Mediator: Sources, Selection Criteria, Conflicts, Costs and Court Guidance

Published by a LexisNexis Dispute Resolution expert

Practice notes

Once the parties conclude that mediation is a suitable route to resolve their dispute, or where the court directs them to consider it, their solicitors will take responsibility for arranging and setting up the mediation. This Practice Note addresses identifying and selecting a mediator, outlining the steps to find and choose an appropriate candidate, including what to do if consensus cannot be reached.

Ordinarily, the parties jointly, and by consent of all parties, agree on a mediator; if agreement on the appointment proves elusive, a neutral third party—such as an organisation delivering Alternative dispute resolution (ADR) services—may make the appointment on their behalf.

Requirements may vary by the court handling your case, so be alert to any extra provisions—see: Court specific guidance.

For details of mediator’s fees and other mediation expenses, see Practice Note: Mediation costs—liability and recovery.
For an overview of the lawyer’s role in arranging a mediation, see Practice Note: Organising a mediation.
See also: Court specific guidance.

—provision in the Dispute resolution clause

Where the dispute arises under a contract, it may include a dispute resolution clause mandating mediation to resolve any dispute and prescribing the method for selecting the mediator...

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Web page updated on 21/05/2026

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