---
title: "List gaps in a draft agreement to mediate a commercial dispute"
url: "https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-the-agreement-to-mediate-before-the-mediation/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A6-OC20261022-3-US"
practice_area: "Arbitration & Alternative Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List gaps in a draft agreement to mediate a commercial dispute

> Compare the draft with the commercial mediation procedures on how mediation is started, how a mediator is appointed, what conflicts must be disclosed, who must attend with authority to settle, what may not be used…

Canonical page: https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-the-agreement-to-mediate-before-the-mediation/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Arbitration & Alternative Dispute Resolution](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Compare the draft with the commercial mediation procedures on how mediation is started, how a mediator is appointed, what conflicts must be disclosed, who must attend with authority to settle, what may not be used later, and how deposits and expenses are shared. List gaps. Do not write the agreement that will be signed. |
| What the lawyer must review | You write any agreement that will be signed. Under M-1, the Commercial Mediation Procedures are part of the agreement when the parties provide, by stipulation or contract, for mediation or conciliation administered by the AAA or under those procedures, in the form in effect on the date a request for mediation is filed, unless they agree otherwise in writing. The parties may vary any part, including telephone or electronic means. M-2 starts a mediation by a request online, by email to casefiling@adr.org, or by mail, with simultaneous notice to the other party, the mediation clause or stipulation, names and contact details, a short statement of the dispute and the relief, and any mediator qualifications. If the parties have not agreed on a mediator, M-4 uses the search tool, then a list, then administrative appointment by mutual agreement or by strike-and-rank. M-5 requires the Model Standards of Conduct for Mediators in effect when the mediator is appointed, disclosure of actual and potential conflicts reasonably known, and replacement under M-4 if a party disagrees that the mediator shall serve or the conflict might reasonably be viewed as undermining the integrity of the mediation. M-8 requires representatives with authority to consummate a settlement. M-10, subject to applicable law or the parties' agreement, bars the mediator from divulging confidential information and bars the parties from relying on or introducing, in any arbitral, judicial, or other proceeding, the views, admissions, mediator proposals, and indications of willingness that M-10 lists, unless the parties agree or applicable law requires it. M-15 requires deposits in advance as the AAA, in consultation with the mediator, deems reasonable, unless the mediator directs otherwise. M-16 shares mediation expenses, including mediator travel, equally unless the parties agree otherwise. M-17 points to the fee schedule. No dollar amount was taken from that schedule. Rule R-10, which says the parties shall mediate when a claim or counterclaim exceeds $100,000 unless a party opts out, is not the signed mediation agreement. The consumer and employment footnotes on M-1 give the AAA discretion to apply other mediation procedures in the cases those footnotes describe. The commercial page links this PDF as 09/01/22. The PDF cover dates the mediation procedures as amended and effective 1 June 2026. |
| Written for | United States |
| Applies to | [Prepare the agreement to mediate before the mediation](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-the-agreement-to-mediate-before-the-mediation.md) |

## Checking plan

- What the AI does: Compare the draft with the commercial mediation procedures on how mediation is started, how a mediator is appointed, what conflicts must be disclosed, who must attend with authority to settle, what may not be used later, and how deposits and expenses are shared. List gaps. Do not write the agreement that will be signed.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The opened PDF dates the Commercial Arbitration Rules as amended and effective 1 September 2022, and the Commercial Mediation Procedures as amended and effective 1 June 2026. Confirm the text in force when the demand or the mediation request was filed.
- Do not state a mediation fee. The fee-schedule PDF was not opened.
- A consumer or employment dispute may be administered under other AAA mediation procedures.

## Sources

- [AAA Commercial Arbitration Rules and Mediation Procedures (arbitration rules effective 1 September 2022; mediation procedures effective 1 June 2026)](https://www.adr.org/media/ueonklrv/2026_commercial-arbitration-rules-mediation-procedures.pdf) (checked 2026-10-22)
- [AAA Commercial Arbitration Rules, forms and fee schedule (PDF linked as 09/01/22)](https://www.adr.org/rules-forms-and-fees/commercial/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*