A Mediation Consent Order is utilized when parties have successfully reached an agreement through mediation and wish to have their settlement terms formally recognized and enforceable by the courts of England and Wales. The document combines the flexibility of mediation with the authority of a court order, making it particularly valuable for complex disputes where enforcement may be necessary. The Order typically includes detailed settlement terms, payment arrangements, confidentiality provisions, and any specific undertakings agreed upon during mediation. It must comply with the Civil Procedure Rules and relevant practice directions to be accepted by the court.
Mediation Consent Order for the United Kingdom
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Key Requirements PROMPT example:
Mediation Consent Order
"I need a Mediation Consent Order to formalize a settlement reached during mediation between two construction companies regarding project delays, with a structured payment schedule starting March 2025 and specific performance milestones."
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1. Title and Court Reference: Identifies the court, case number, and parties involved
2. Parties: Full names and details of all parties to the mediation
3. Recitals: Background information including date of mediation and mediator details
4. Terms of Settlement: The agreed terms reached during mediation
5. Costs: Agreement regarding payment of costs
6. Execution: Signature blocks for parties and their representatives
1. Confidentiality Provisions: Used when specific confidentiality terms are required beyond standard mediation confidentiality
2. Payment Terms: Included when settlement involves payment schedules or specific payment conditions
3. Jurisdiction Clause: Required for cross-border disputes or when parties are in different jurisdictions
1. Schedule of Payments: Details of any payment arrangements agreed during mediation
2. Schedule of Assets: When settlement involves transfer or division of assets
3. Mediator's Certificate: Confirmation from mediator that agreement was reached in mediation
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