---
title: "Mediation agreement (with confidentiality and recording/AI-notetaker clause)"
url: "https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/mediation-agreement"
type: "precedent"
site: "AI Law Framework"
id: "a6-mediation-agreement"
area_id: "A6"
kind: "agreement"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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…

Canonical page: https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/mediation-agreement  
Law stated as at: 2026-10-17

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

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.

## Key facts

- Kind: Agreement. A contract between two or more parties.
- Practice area: [Arbitration & Alternative Dispute Resolution](https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution.md)
- Jurisdictions: Australia, New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 5 authorities it cites, for Australia and New South Wales.

## 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

## Authorities

- [Civil Procedure Act 2005 (NSW) Pt 4, ss 26, 27, 29, 30, 31](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-028)
- [Federal Court of Australia Act 1976 (Cth) ss 53A, 53B](https://www.legislation.gov.au/C2004A01586/latest/text)
- [Evidence Act 1995 (Cth) s 131](https://www.legislation.gov.au/C2004A04858/latest/text)
- [Surveillance Devices Act 2007 (NSW) s 7](https://legislation.nsw.gov.au/view/html/inforce/current/act-2007-064)
- [Australian Mediator and Dispute Resolution Accreditation Standards (AMDRAS)](https://amdras.au/)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/mediation-agreement and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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