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.

Authorities

Read the full text

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