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Mediation agreement template (Kenya)

Also called: Mediation Agreement

What it is for

Agreeing to try settling a dispute with a neutral mediator.

The Kenyan law it follows

  • Civil Procedure Act Cap 21 — court-annexed mediation applies only where a court refers the dispute; this is a private agreement to mediate

Who prepares it

You can prepare this yourself. It is still wise to have an advocate read it before you sign, especially where a lot of money or a long commitment is involved.

Fill this in with your own details

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Sample mediation agreement

The first part of the sample is shown here. The names, amounts and facts are made up to show how the document reads.

MEDIATION AGREEMENT THIS MEDIATION AGREEMENT is made on the ______ day of ____________ 20____ BETWEEN Lavington Heights Residents Association and Crestview Developers Limited (together "the Parties"). 1. The dispute The dispute between the Parties is a dispute over drainage damage and noise from construction of Crestview Towers on L.R. No. 1/2233, Lavington. 2. Mediation The Parties agree to refer the dispute to mediation and to take part in it in good faith. 3. Mediator The mediator will be a single mediator jointly appointed from the NCIA panel of mediators within 14 days. 4. Venue The mediation will take place at the Nairobi Centre for International Arbitration, Nairobi. 5. Confidentiality The mediation is confidential and without prejudice: nothing said or produced in it may be used in any proceedings, except to enforce a signed settlement. 6. Settlement A settlement reached in the mediation binds the Parties only when it is put in writing and signed by them. 7. If the mediation fails If the mediation fails, either party may refer the dispute to the Environment and Land Court at Nairobi. 8. Notices

The rest of this mediation agreement is for Lex members

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This is a sample for general information. It is not legal advice and may not suit your situation. Laws change, and a document has to fit your own facts; have an advocate check it before you rely on it.