What is an authority to settle clause in a mediation agreement?

An authority to settle clause confirms that each party attending mediation has power to negotiate and approve a binding settlement.

How is a settlement recorded after mediation in the UK?

A settlement agreement clause explains how any resolution reached at mediation will be recorded, signed and made legally binding.

What governing law should a UK mediation agreement use?

A governing law clause usually states that the mediation agreement is governed by the laws of England and Wales, Scotland or Northern Ireland, as appropriate.

What is a termination clause in a mediation agreement?

A termination clause sets out when the mediation may end, such as by settlement, withdrawal, mediator decision or failure to pay fees.

Can mediation agreement clauses be customised for different UK disputes?

Yes. Clause wording should reflect the dispute type, jurisdiction, parties, mediator rules and whether the mediation is commercial, workplace, family or civil.

What is the difference between a mediation agreement and a settlement agreement?

A mediation agreement is the document setting rules for the mediation process, while a settlement agreement records the final terms if the dispute is resolved.

Can AI generate mediation agreement clause wording for the United Kingdom?

AI can help draft UK mediation agreement clauses, but users should review the wording carefully and consider legal advice for complex or high-value disputes.

EN-GB>Disputes>Mediation Agreement>United Kingdom Mediation Agreement Clause Types

United Kingdom Mediation Agreement Clause Types

Created: 9 Jun 2026

Explore the main mediation agreement clause types used in the United Kingdom and how they support clear dispute resolution. This guide complements our AI Generated British Mediation Agreement resources.

Clause name	Purpose	Relevant stage	Drafting considerations	Typical use cases
Core clause
Parties To The Mediation	Identifies each participant and confirms who is bound by the agreement.	Before mediation	Use correct legal names, addresses, company numbers and representative roles.	Commercial disputes, family business disputes and multi-party claims.
Mediator Appointment	Confirms the mediator is appointed and accepts the role on agreed terms.	Before mediation	Name the mediator, provider, appointment date, replacement process and fee basis.	Any mediation where a neutral third party facilitates settlement discussions.
Scope Of Dispute	Defines the dispute, claims and issues to be mediated.	Before mediation	Avoid wording so narrow that related settlement issues cannot be discussed.	Contract claims, neighbour disputes, probate disputes and workplace conflicts.
Voluntary Participation	States that participation is voluntary unless required by court order or contract.	Throughout the mediation process	Preserve the right to withdraw while addressing court or contractual obligations.	Civil, commercial and community mediation.
Confidentiality	Keeps mediation communications, documents and settlement discussions private.	Throughout the mediation process	Define protected information, bound persons, duration and disclosure exceptions.	Most mediations, especially commercial, employment and family disputes.
Without Prejudice Status	Helps prevent settlement communications being used as admissions in proceedings.	Throughout the mediation process	State that discussions are without prejudice, subject to recognised exceptions.	Civil litigation, pre-action disputes and settlement negotiations.
Exceptions To Confidentiality	Lists circumstances where disclosure may be permitted or required.	Throughout the mediation process	Cover consent, enforcement, illegality, threats, safeguarding and legal duties.	All mediations where sensitive or regulated information may arise.
Mediator Independence And Impartiality	Confirms the mediator is neutral and has no improper interest in the outcome.	Throughout the mediation process	Require disclosure of conflicts before and during the mediation.	All mediations, especially sector-specific or local disputes.
Common optional clause
Conflict Of Interest Disclosure	Requires the mediator and parties to disclose actual or potential conflicts.	Throughout the mediation process	State consequences of disclosure, waiver and mediator replacement.	Small industries, professional negligence claims and repeat mediator appointments.
Core clause
Mediator Role And No Adjudication	Clarifies that the mediator facilitates negotiation and does not decide the dispute.	Throughout the mediation process	Avoid language suggesting binding evaluation unless expressly intended.	Commercial, family, civil and workplace mediations.
No Legal Advice By Mediator	States that the mediator does not act as a legal adviser to any party.	Throughout the mediation process	Encourage independent legal advice before signing any settlement.	Mediations involving unrepresented parties or complex legal claims.
Authority To Settle	Ensures attendees have power to negotiate and approve settlement terms.	Before mediation	Specify who must attend and any limits on settlement authority.	Corporate parties, insurers, public bodies and represented claimants.
Attendance And Participation	Sets expectations for who will attend and how they will participate.	Before mediation	Identify decision-makers, advisers, experts, support persons and remote attendees.	Multi-party disputes, insurance claims and workplace disputes.
Common optional clause
Good Faith Participation	Encourages parties to engage constructively and explore settlement options.	During mediation	Avoid vague obligations that conflict with voluntary settlement principles.	Court-referred mediation and disputes with entrenched positions.
Core clause
Date, Venue And Timetable	Sets the practical arrangements for when and where mediation will occur.	Before mediation	Include start time, expected duration, location, rooms and breaks.	In-person, hybrid and time-limited mediations.
Situation-specific clause
Online Mediation Arrangements	Sets rules for remote attendance, platform use and digital conduct.	Before mediation	Address platform, privacy, identity checks, breakout rooms and technical failure.	Remote civil, consumer, commercial and international mediations.
Common optional clause
No Recording	Prevents audio, video or transcript recording without express consent.	During mediation	Cover screenshots, AI transcription, meeting tools and mobile devices.	Online mediations and sensitive family, employment or commercial disputes.
Pre-Mediation Documents	Sets deadlines and rules for position statements and document bundles.	Before mediation	State page limits, confidentiality status, delivery method and recipients.	Commercial, construction, probate and professional negligence disputes.
Position Statements	Allows parties to summarise issues, interests and settlement positions.	Before mediation	Say whether statements are shared, private, confidential or without prejudice.	Disputes needing concise issue framing before the mediation day.
Core clause
Private Sessions And Caucuses	Permits the mediator to meet parties separately in confidential sessions.	During mediation	Specify that private information is not shared unless authorised.	Most mediations involving sensitive offers or confidential commercial information.
Common optional clause
Communications With The Mediator	Controls how parties may communicate with the mediator before and during mediation.	Throughout the mediation process	Permit private communications while clarifying confidentiality and copying rules.	Commercial mediations and disputes requiring pre-mediation calls.
Conduct And Behaviour	Sets standards for respectful, safe and non-abusive participation.	During mediation	Include consequences for intimidation, harassment, disruption or safety risks.	Workplace, neighbour, family and emotionally charged disputes.
Situation-specific clause
Safety And Safeguarding	Addresses risk of harm, coercion, abuse or safeguarding concerns.	Throughout the mediation process	Allow suspension, separate rooms, support persons and lawful disclosure.	Family, workplace, care, neighbour and harassment-related disputes.
Domestic Abuse Screening	Checks whether mediation is safe and suitable where abuse may be present.	Before mediation	Use separate assessments and avoid requiring unsafe joint participation.	Family mediation, child arrangements and financial remedy discussions.
Common optional clause
Support Persons And Advisers	Permits or restricts attendance by lawyers, advisers, interpreters or supporters.	Before mediation	Bind attendees to confidentiality and clarify speaking rights.	Unrepresented parties, disability support, family disputes and technical claims.
Situation-specific clause
Interpreters And Translation	Ensures parties can understand and participate in the mediation.	Before mediation	Confirm interpreter independence, confidentiality and who pays the cost.	Cross-border, immigration-related, family and consumer disputes.
Reasonable Adjustments	Provides adjustments so disabled participants can take part fairly.	Before mediation	Consider access, breaks, format, support, communication needs and venue suitability.	Mediations involving disabled parties, witnesses, employees or consumers.
Core clause
Mediator Fees And Mediation Costs	Allocates mediator fees, venue costs, provider fees and other expenses.	Before mediation	State proportions, VAT, payment deadline, deposits and cancellation charges.	All paid private mediations.
Common optional clause
Each Party Bears Own Costs	Confirms each party pays its own legal and preparation costs unless agreed otherwise.	Before mediation	Distinguish mediation costs from costs of litigation or settlement terms.	Civil and commercial mediations where cost allocation must be clear.
Cancellation And Postponement	Sets consequences if the mediation is cancelled, postponed or adjourned.	Before mediation	Include notice periods, fee liability, illness and court timetable impacts.	Paid mediations, urgent court claims and multi-party scheduling.
Core clause
Termination Of Mediation	Explains when and how the mediation may end without settlement.	During mediation	Allow termination by party, mediator, settlement, expiry or safety concern.	All mediations, especially where impasse or misconduct is possible.
Recording Any Settlement	Requires any settlement to be put in clear written terms.	After mediation	Use a separate signed settlement agreement with implementation dates.	Commercial, civil, employment and family financial settlements.
Binding Settlement Terms	States when a settlement becomes legally binding.	After mediation	Specify signature, authority, condition precedents and subject to contract wording.	Settlements needing formal approval, board consent or further documentation.
Situation-specific clause
Subject To Contract	Prevents draft terms becoming binding before formal agreement is signed.	During mediation	Use only where parties intend no binding deal until final execution.	Property, corporate, construction and complex commercial settlements.
Court Approval Or Tomlin Order	Provides for settlement to be embodied in a court order where needed.	After mediation	Consider stay terms, confidential schedule and court approval requirements.	Live civil proceedings settling on confidential or staged terms.
Limitation Periods Not Suspended	Warns that mediation does not automatically stop limitation time running.	Before mediation	Consider standstill agreements, protective proceedings or court directions.	Claims near limitation deadlines, professional negligence and personal injury disputes.
Standstill Agreement Interaction	Coordinates mediation with any agreement suspending or extending limitation defences.	Before mediation	Ensure dates, claims, parties and termination mechanics are precise.	High-value civil claims where limitation expiry is close.
Existing Court Proceedings	Clarifies how mediation affects live proceedings, deadlines and directions.	Before mediation	State whether parties will seek a stay or comply with directions meanwhile.	Civil claims, possession proceedings and business disputes already issued.
ADR Costs Consequences	Acknowledges that unreasonable refusal to mediate may affect court costs.	Before mediation	Avoid admissions about reasonableness preserve costs arguments for court.	Civil litigation where ADR conduct may later be scrutinised.
Core clause
Data Protection	Explains how personal data will be handled during the mediation.	Throughout the mediation process	Identify controllers, retention, lawful basis, security and special category data.	Mediations involving employees, consumers, medical records or financial information.
Common optional clause
Document Retention And Destruction	Sets how mediation documents are stored, returned, deleted or retained.	After mediation	Balance confidentiality, legal retention duties and data minimisation.	Sensitive commercial, employment, family and healthcare-related mediations.
Mediator Notes And Records	Protects the mediator's private notes from disclosure or use in proceedings.	After mediation	Address retention period, destruction and exceptions required by law.	Commercial and civil mediations where later disclosure requests are possible.
Mediator Not To Be Called As Witness	Seeks to prevent parties calling the mediator as a witness about the mediation.	After mediation	Recognise court powers and exceptions for enforcement or serious misconduct.	Civil disputes where mediation communications may later be contested.
Mediator Liability Limitation	Limits mediator liability except where liability cannot lawfully be excluded.	Throughout the mediation process	Ensure exclusions are reasonable and do not exclude fraud or personal injury negligence.	Private mediations using mediator standard terms.
Mediator Complaints Procedure	Explains how concerns about mediator conduct may be raised.	After mediation	Refer to provider, professional body or mediator complaints policy.	Provider-led mediation and consumer-facing mediation services.
Core clause
Governing Law	States which law governs the mediation agreement.	Before mediation	For UK use, specify England and Wales, Scotland or Northern Ireland as appropriate.	Cross-border disputes and parties based in different UK jurisdictions.
Jurisdiction	Identifies which courts may hear disputes about the mediation agreement.	Before mediation	Decide exclusive or non-exclusive jurisdiction and match governing law.	Commercial, online and cross-border mediations.
Situation-specific clause
Language Of Mediation	Sets the language used for discussions, documents and settlement terms.	Before mediation	Address translation accuracy, interpreter confidentiality and governing version.	International commercial, family and consumer disputes.
Multi-Party Coordination	Manages process, communications and settlement authority across several parties.	Throughout the mediation process	Clarify group meetings, private sessions, joint offers and partial settlements.	Construction, shareholder, probate, leasehold and group disputes.
Insurer Participation	Ensures insurers with settlement authority are involved where cover matters.	Before mediation	Address authority limits, policy coverage issues and confidentiality obligations.	Personal injury, professional negligence, property damage and liability claims.
Expert Attendance	Allows experts to assist parties or explain technical issues during mediation.	During mediation	Clarify confidentiality, role, independence and whether expert discussions are private.	Construction, valuation, tax, medical and professional negligence disputes.
Tax Consequences	Reminds parties to consider tax treatment of any settlement payment or transfer.	After mediation	Avoid giving tax advice allocate responsibility and require professional advice.	Employment, shareholder, property, divorce finance and business settlements.
Common optional clause
VAT On Fees	Clarifies whether quoted mediator or provider fees include VAT.	Before mediation	State VAT number, rate, invoice timing and responsibility for payment.	Commercial mediations with VAT-registered mediators or providers.
Equality And Non-Discrimination	Promotes fair participation and prohibits discriminatory conduct in the process.	Throughout the mediation process	Address protected characteristics, accessibility, harassment and inclusive arrangements.	Workplace, education, service provision and public sector disputes.
Situation-specific clause
Mental Capacity And Understanding	Ensures parties can understand, participate and make settlement decisions.	Before mediation	Consider capacity assessment, litigation friend, deputy or best interests issues.	Elder, probate, care, injury and Court of Protection-related disputes.
Child Welfare Considerations	Keeps child welfare central where mediation concerns children.	Throughout the mediation process	Address safeguarding, child-inclusive mediation and limits of parental agreements.	Child arrangements, schooling, relocation and parenting disputes.
MIAM And Family Mediation Suitability	Addresses family mediation assessment before certain family court applications.	Before mediation	Check exemptions, domestic abuse concerns and accredited mediator requirements.	Private law children and family financial remedy disputes.
Employment Settlement Formalities	Recognises statutory formalities for settling many employment claims.	After mediation	Consider ACAS COT3 or compliant settlement agreement with independent advice.	Workplace disputes, dismissal claims and discrimination claims.
ACAS Conciliation Distinction	Clarifies that private mediation is separate from ACAS early conciliation.	Before mediation	Do not assume private mediation satisfies employment tribunal pre-claim requirements.	Employment disputes that may proceed to an employment tribunal.
Consumer ADR Information	Addresses trader duties to provide ADR information in consumer disputes.	Before mediation	Check whether a certified ADR body or sector ombudsman applies.	Consumer complaints against traders, service providers or online businesses.
Construction Adjudication Rights Preserved	Confirms mediation does not waive statutory adjudication rights in construction contracts.	Before mediation	Avoid delaying adjudication rights unless expressly and lawfully agreed.	Building, engineering and payment disputes under construction contracts.
Arbitration Or Escalation Clause Interaction	Coordinates mediation with any contractual arbitration or dispute escalation process.	Before mediation	Check notice, time limits, condition precedent wording and tribunal jurisdiction.	Commercial contracts with tiered dispute resolution clauses.
Pre-Action Protocol Compliance	Links mediation with duties to exchange information and consider ADR before proceedings.	Before mediation	Preserve privilege while allowing protocol-compliant information exchange.	Civil disputes before a claim is issued.
Public Body Settlement Authority	Ensures public bodies follow required approval, value for money and governance controls.	Before mediation	Identify delegated authority, approvals, audit trail and confidentiality limits.	NHS, local authority, central government and education disputes.
Freedom Of Information Limits	Recognises that public authorities may receive FOIA disclosure requests.	Throughout the mediation process	Do not promise absolute secrecy where statutory disclosure regimes apply.	Mediations involving councils, universities, NHS bodies or government departments.
Common optional clause
Privileged And Confidential Documents	Protects privileged or confidential documents shared solely for mediation.	Throughout the mediation process	Mark documents clearly and state no waiver of privilege is intended.	Disputes involving legal advice, trade secrets or sensitive financial records.
Situation-specific clause
Intellectual Property And Trade Secrets	Protects confidential know-how, inventions, source code or trade secrets disclosed.	Throughout the mediation process	Limit access, copying, onward disclosure and post-mediation use.	Technology, licensing, software, R&D and business sale disputes.
Non-Disparagement	Restricts damaging public statements about parties or the dispute.	After mediation	Define scope, permitted disclosures, whistleblowing and truthful evidence exceptions.	Employment exits, business breakups and reputation-sensitive settlements.
Publicity And Announcements	Controls public statements about the mediation or settlement.	After mediation	Agree wording, timing, spokespersons and regulatory disclosure exceptions.	Corporate, charity, public sector and high-profile disputes.
Illegality, Fraud And Sanctions	Allows refusal, suspension or disclosure where illegal conduct or sanctions issues arise.	Throughout the mediation process	Cover money laundering, sanctions checks, fraud and mandatory reporting duties.	International, financial, high-value and fraud-related disputes.
Anti-Bribery And Corruption	Prohibits corrupt payments or improper inducements connected with settlement.	Throughout the mediation process	Include warranties, reporting rights and refusal to facilitate unlawful settlement.	Public procurement, agency, international and corporate disputes.
Settlement Payment Mechanics	Sets how, when and where settlement payments will be made.	After mediation	Include amount, due date, bank details, currency, interest and default consequences.	Debt, damages, employment, commercial and property settlements.
Instalment Payments And Default	Regulates staged settlement payments and consequences of missed payments.	After mediation	Specify acceleration, interest, notice to remedy and enforcement route.	Debt recovery, small business and personal guarantee settlements.
Release Of Claims	Defines which claims are compromised by the settlement.	After mediation	Distinguish known, unknown, future, statutory and third-party claims.	Final settlements of litigation, employment exits and commercial disputes.
Common optional clause
No Admission Of Liability	Confirms settlement is not an admission of wrongdoing or liability.	After mediation	Keep wording consistent with insurance, regulatory and reputation concerns.	Professional negligence, employment, discrimination and commercial claims.
Confidentiality Of Settlement Terms	Keeps the existence or terms of settlement confidential after mediation.	After mediation	Include carve-outs for advisers, tax, auditors, insurers, regulators and enforcement.	Commercial settlements, employment exits and reputation-sensitive disputes.
Situation-specific clause
Enforcement Of Settlement	Identifies how a party may enforce the settlement if breached.	After mediation	Consider judgment, Tomlin order, arbitration award, specific performance or debt claim.	Settlements with payments, transfers, undertakings or ongoing obligations.
Common optional clause
Entire Agreement	States that the mediation agreement supersedes prior process arrangements.	Before mediation	Do not accidentally override court orders or underlying contract rights.	Formal commercial mediation agreements with negotiated process terms.
Variation Of Mediation Agreement	Sets how process terms may be changed.	Throughout the mediation process	Require written agreement by parties and mediator for material changes.	Mediations where dates, attendees or platform arrangements may change.
Counterparts And Electronic Signatures	Allows the agreement to be signed in parts or electronically.	Before mediation	Check execution formalities for deeds, companies and settlement documents.	Remote mediations and agreements signed by multiple parties.
Notices	Sets how formal communications under the mediation agreement are served.	Throughout the mediation process	Include email service, deemed receipt and nominated contact details.	Commercial, remote and multi-party mediations.
Severance	Preserves the rest of the agreement if one provision is invalid.	Throughout the mediation process	Use proportionate wording and avoid over-reliance for unreasonable exclusions.	Agreements with liability limits, confidentiality restrictions or complex terms.
Third Party Rights	States whether non-parties can enforce terms of the mediation agreement.	Before mediation	Decide whether advisers, mediators or affiliates should have enforceable rights.	Commercial and group mediations involving advisers, insurers or affiliates.
Force Majeure Or Unavailability	Deals with events preventing the mediation from going ahead as planned.	Before mediation	Cover illness, travel disruption, platform outage and rescheduling costs.	In-person, international, urgent or high-cost mediations.
Mediator Replacement	Sets the process if the mediator cannot act or must withdraw.	Before mediation	Name appointing body, selection method and impact on timetable and fees.	Long-running, court-timetabled or specialist mediator appointments.
Adjournment And Follow-Up Sessions	Allows mediation to continue after an adjournment or further session.	After mediation	State whether confidentiality and without prejudice protections continue.	Complex disputes where settlement needs further documents or approvals.
Situation-specific clause
Partial Settlement	Records agreement on some issues while preserving unresolved matters.	After mediation	Clearly identify resolved claims, reserved claims and next steps.	Multi-issue family, probate, construction and commercial disputes.
Common optional clause
Non-Party Confidentiality Undertakings	Binds advisers, experts, interpreters and supporters to confidentiality.	Before mediation	Require signature before attendance or access to documents.	Mediations involving experts, family members, interpreters or observers.
Situation-specific clause
Observers And Trainee Mediators	Controls whether observers may attend for training or supervision purposes.	Before mediation	Require party consent and confidentiality undertakings from observers.	Provider panels, accredited training and supervised mediation practice.
Use Of AI Tools	Regulates AI transcription, summarisation or document analysis during mediation.	Throughout the mediation process	Require consent, confidentiality, data protection checks and no unauthorised recording.	Online mediation, document-heavy commercial disputes and accessibility support.
Common optional clause
Cybersecurity And Secure Communications	Reduces risk of unauthorised access to mediation communications and documents.	Throughout the mediation process	Use secure links, passwords, access controls and agreed email procedures.	Online, commercial, financial, healthcare and data-sensitive mediations.

What Clauses Should A UK Mediation Agreement Usually Include?

A mediation agreement should normally deal with the parties, mediator appointment, scope of the dispute, confidentiality, without prejudice status, mediator neutrality, costs, authority to settle, communications, termination and what happens if settlement is reached. These clauses reduce uncertainty before the mediation starts and help protect the integrity of the process.

Why Are Confidentiality And Without Prejudice Clauses Especially Important?

In the UK, mediation is usually intended to be private and conducted on a without prejudice basis, but the agreement should still define the protection clearly. Confidentiality and without prejudice wording should explain what is covered, who is bound, and key exceptions such as consent, enforcement of a settlement, professional obligations, safeguarding concerns, or where disclosure is required by law or court order.

When Should A Mediation Agreement Refer To Court Proceedings?

If litigation is already underway, clauses on court timetables, stays, limitation, compliance with directions, costs sanctions and settlement approval may be important. Parties should not assume that mediation automatically pauses court deadlines or limitation periods; express arrangements or court orders may be needed.

What Clauses Matter Most For Enforceable Outcomes?

A mediation agreement should distinguish between the agreement to mediate and any later settlement agreement. If a settlement is reached, the settlement terms should be recorded in a separate signed document, with clear authority to settle, capacity checks, tax and implementation provisions where needed. In family or some regulated contexts, court approval or additional formalities may be required.

How Should Online Or Cross-Border Mediation Be Handled?

For online or international mediations, add clauses on platform use, data protection, recording bans, time zones, identity checks, governing law, jurisdiction, language and enforcement route. UK-focused drafting should also consider GDPR duties and whether the mediator or provider processes personal data as a controller or processor.

Want to Generate Your own Mediation Agreement?

Docaro AI can help you write your own Mediation Agreement for use in the United Kingdom in minutes.

Generate Your Document Now

FAQs

What are the main types of clauses in a United Kingdom mediation agreement?

Common UK mediation agreement clause types include confidentiality, mediator appointment, fees and costs, without prejudice status, authority to settle, settlement recording, governing law and termination clauses.

What does a confidentiality clause do in a UK mediation agreement?

Why is a without prejudice clause important in mediation?

What is a mediator appointment clause?

What should a mediation fees and costs clause cover?

Show All FAQs