IN THE MATTER OF _______________________________________________________




First Named Party




Second Named Party






  1. The Parties, as identified above, agree to use their best endeavours to mediate this dispute between themselves subject to the provisions of the ARIAS (Asia) Mediation Scheme.
  1. It is agreed that [……Name…..] has been appointed as Mediator in this matter.
  2. The Mediation will be held on [……Date……….] and is initially planned to take up to [……Number….] day(s).
  3. The Parties agree that they will jointly and severally hold ARIAS (Asia) and the Mediator harmless and will not bring any claim against ARIAS (Asia) and/or the Mediator. Furthermore the Parties agree that they will not call the Mediator as witness in any subsequent litigation or arbitration.
  4. One person present from each side shall have the authority to reach a settlement at the Mediation.
  5. The total cost of the Mediation will be paid by the Parties in equal shares prior to the commencement of the Mediation.
  6. Each Party agrees to bear its own other costs relating to this dispute unless otherwise agreed.
  7. The Parties have agreed that this Mediation shall be conducted in accordance with the ARIAS (Asia) Mediation Scheme and Guidelines. In particular it is therefore agreed that:

8.1       The Mediation is conducted on the basis that it constitutes a without prejudice settlement negotiation of the matters in dispute and referred to the Mediation. The Parties therefore agree that save as required in 8.6 (below) any information whether written in a document prepared for the Mediation or written or spoken during the Mediation can only be used for the purpose of the Mediation and cannot be referred to in any litigation or arbitration or other proceedings.

8.2       After the Mediation, the Mediator will not retain any notes made during the Mediation or any papers or other documents provided to them by the Parties for the purposes of the Mediation.

8.3       The Parties are free to provide the Mediator with any written or other evidence, and any other information including expert advice or opinion, which they consider will assist in resolving this dispute. At the Mediation they may be accompanied by any legal or other advisers whom they wish to have present.

8.4       Conduct of the Mediation hearing will be at the sole discretion of the Mediator.

8.5       During the Mediation the Mediator may speak to the Parties or their representatives separately. Information given to the Mediator during such private discussions will be confidential unless the disputant involved specifically allows the Mediator to give the information to the other Party.

8.6       The Parties and the Mediator agree that all details of the mediation and any settlement reached shall be kept confidential unless otherwise mutually agreed as part of any settlement or agreement reached or unless publication is necessary for the purposes of enforcement of any agreement reached.

8.7       At the close of the Mediation the Parties and the Mediator will each sign a statement that the Mediation has ended, whether resulting in a settlement or otherwise.

  1. This Agreement will only take effect once it has been signed and dated by all Parties and the Mediator and all fees payable in advance have been received by the Mediator and/or ARIAS (Asia).



For the First Named Party: _______________________________Date: _______________

[Name:________________________________ Position:_____________________________]


For the Second Named Party: _____________________________Date: _______________

[Name:________________________________ Position:____________________________]


Mediator: _____________________________________________Date: _______________


[Name: _____________________________________]

[Address: __________________________________________________________________________]

[1] Add additional party names (if needed) on an additional sheet.