Mediation Agreements/Clauses

Re/Insurance Mediation Institute, Inc. Form Mediation Clause

The parties agree to mediate any dispute in good faith. If the dispute has not been mediated before commencement of an arbitration, within 20 days from such commencement (or later as the parties may agree in writing), the parties shall submit the dispute to mediation by one party notifying the other in writing.  The parties shall cooperate with one another in selecting a mediator.  If the parties do not agree on a mediator within 10 calendar days from the commencement of the mediation they shall select a mediator at random from among 5 candidates chosen by each party, such candidates to be from among the mediators who are certified by either the Re/Insurance Mediation Institute, Inc or ARIAS-US.  Should the mediator selected by this method be unable to serve because of business or personal relationships, or otherwise decline to serve, this process shall be repeated using the remaining candidates until a mediator is selected.

The parties shall cooperate in good faith so that the mediator is selected within 15 calendar days from the commencement of the mediation.  The parties shall use the Re/Insurance Mediation Institute, Inc.’s form Mediation Agreement (available at (with any agreed changes necessitated by the particular case) and shall promptly schedule the mediation proceedings.  Unless otherwise agreed by the parties in writing, the mediator shall be disqualified from serving as arbitrator in the case. The pendency of a mediation shall not delay or interrupt the arbitration proceedings (unless otherwise agreed) or preclude a party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction, and the parties agree not to defend against any application for provisional relief on the ground that a mediation is pending.

Re/Insurance Mediation Institute Mediation Agreement

Mediation Agreement (“Agreement”) dated ___________between “A”       , “B” (collectively, “the Parties”), and __________ (the “Mediator”).

  • The Parties agree to participate in mediation of the dispute regarding: ____________________________________________________________.  Pursuant to the mediator selection process contained in Article __ of [Subject treaty or facultative certificate], the Parties agree that the mediation should be conducted by (the “Mediator”) as Mediator.
  • The representatives of the Parties who attend the mediation shall have authority to settle the dispute and shall participate in the mediation process in good faith.
  • There will be at least one mediation session which shall be attended by Party representatives with settlement authority. During the mediation session, the Mediator may meet separately and together, as necessary, with the Parties and their counsel to assist them in resolving the dispute.  If the dispute is not settled after the mediation session, the Mediator may continue individual or joint discussions by telephone or in person.  The Mediator may review written information submitted by the Parties and counsel.  The Mediator may also communicate ex parte with the Parties and other mediation participants at any time.
  • There will be no stenographic recording of any meeting, conference, phone conference or mediation session.
  • The Mediator may terminate the mediation if (a) the Mediator determines that continuing would not be productive, or (b) the Parties fail to pay the Mediator’s fees.  Either party may terminate the mediation at any time either during or after the initial mediation session.
  • Any written signed settlement agreement prepared during or at the conclusion of the mediation is subject to disclosure, binding, enforceable and admissible to prove the existence of and/or to enforce the agreement. .
  • All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by the Parties, their agents, employees, experts and attorneys, as well as the Mediator, are confidential (“Confidential Information”).  All reports, data and other documents prepared by or on behalf of the Parties, and/or presented to the Mediator, are deemed confidential (“Confidential Documents”).  Such Confidential Information and Confidential Documents will not be disclosed to third parties, except persons associated with the Parties in the mediation process and persons or entities to whom a Party has a legal or contractual obligation to report, and such third parties shall be advised that such Confidential Information and Confidential Documents may not be disclosed. Confidential Information and Confidential Documents are privileged and inadmissible for any purpose, including impeachment, under Rule 408 of the Federal Rules of Evidence and any applicable federal or state statute, rule or common law provisions. However, evidence previously disclosed or known to a Party, or that is otherwise admissible or discoverable, shall not be rendered confidential, inadmissible, or not discoverable solely as a result of its use in the mediation.
  • The Mediator has made a reasonable effort to learn and has disclosed to the Parties: (a) all social, business or professional relationships of which the Mediator is aware that the Mediator has had with the Parties or counsel; (b) any financial interest the Mediator has in any Party or in the outcome of the case; and (c) any other circumstances that may create doubt regarding the Mediator’s impartiality in the mediation.  The Mediator will further disclose any additional information that comes to the attention of the Mediator that may affect the mediator’s impartiality. The Parties and counsel hereby confirm that they are not aware of any conflict of interest with regard to the Mediator’s service in this matter, or any prior relationship with the Mediator that has not been disclosed.
  • The Parties agree that they shall not assert any claim, file any lawsuit or initiate any form of action against the Mediator in connection with this Agreement or the Mediator’s rendering of services under this Agreement (including, but not limited to, any claim, suit or action relating to any alleged conflict or bias). The Parties further agree, jointly and severally, to protect, defend, indemnify and hold harmless the Mediator against any and all damages, expenses, costs and fees of any kind incurred by the Mediator in connection with any claim, action or lawsuit arising or resulting from or out of this mediation. The Parties agree that the Mediator is not a necessary party, and is disqualified as a fact or expert witness, in any arbitral, judicial or other proceeding relating to the mediation or to the subject matter of this dispute.  Unless the Parties and the Mediator agree otherwise in writing, no Party shall (a) call the Mediator as a fact or expert witness in any pending or future investigation, lawsuit or arbitration (“Action”) relating to the subject matter of the mediation (including any Action which involves persons not party to this mediation); or (b) subpoena the Mediator or any documents in the Mediator’s possession in any such Action.  The Parties will oppose any effort to have the Mediator and documents subpoenaed by any third party.
  • The Parties agree that the Mediator is not undertaking to provide legal advice or representation on behalf of any Party in connection with the mediation.
  • The Mediator shall be compensated for time expended in connection with the mediation at either (a) the rate of $__________ per hour (travel time rate: $      _____/hr) or (b) a fixed charge of $________, in addition to reimbursement for any reasonably necessary out-of-pocket expenses, such as long distance calls, travel expenses, and copying charges.  The time expended by the Mediator includes all meetings, emails and phone conferences with the Parties and counsel, whether before, during, or after the mediation session(s), reasonable preparation time, and review of memos and other material submitted to the Mediator by the Parties.  Each party will be responsible for one half unless other arrangements are made at the time of settlement.


Party A


Party B