Agreement · Arbitration & Alternative Dispute Resolution
Mediation agreement (with confidentiality and recording/AI-notetaker clause)
An original tripartite mediation agreement between the parties and the mediator covering appointment, authority to settle, confidentiality and privilege, a ban on recording and AI notetakers without consent, fees, and how any settlement becomes binding.
- Kind
- Agreement. A contract between two or more parties.
- Where it applies
- Australia, New South Wales
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked on 17 October 2026 against the 5 authorities it cites, for Australia and New South Wales.
- Version
- 1
- Source
- Written for this library
When to use it
Use for a private commercial mediation, or a court-referred mediation where the court has not prescribed its own agreement. Check any court order or mediator's standard terms first and reconcile them; do not use for family dispute resolution, which has its own statutory regime.
How AI may be used
AI may help prepare the agreement and a mediation position paper from lawyer-approved material, but must not be used to record, transcribe or summarise the mediation itself unless every participant has agreed under clause 7.
AI may
- Fill in party, mediator and logistics details from the confirmed booking
- Compare the draft with the mediator's standard terms and any court order and list conflicts
- Prepare a plain-English summary of the agreement for the client
AI must not
- Must not record, transcribe or summarise any part of the mediation without the written consent of every participant
- Must not be given the other party's mediation material in a tool that retains or trains on inputs
- Must not decide who has authority to settle or whether a settlement is binding
The lawyer checks
- The agreement is consistent with any court referral order and the mediator's terms
- Each party's representative has actual authority to settle up to the agreed range
- The recording and AI clause reflects what the parties have actually agreed
- The settlement clause requires signed written terms before anything is binding
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Arbitration & Alternative Dispute Resolution
- ACICA model arbitration clause (standard and expedited): choosing and completing it
- Notice of arbitration (ACICA Rules, with UNCITRAL and ad hoc variants)
- Redfern schedule for document production requests (with guidance)
- Procedural order (or party agreement) on the use of AI in the arbitration
- Notice and consent for AI transcription or notetaking in mediations and other ADR sessions
All precedents for Arbitration & Alternative Dispute Resolution · Tasks and AI use in this area