Are electronic signatures valid?

Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws if intent, consent, attribution, and retention are satisfied.

What if someone lacks authority to sign?

If a signer lacks authority, the agreement may be voidable. Confirm authority with corporate resolutions or a power of attorney before execution to avoid later challenges.

Can the agreement be revoked or canceled?

Revocation depends on the agreement’s terms. Include explicit cancellation or withdrawal procedures and any notice periods to prevent disputes over timing.

Is mediation confidential?

Confidentiality is governed by the agreement and state law; include explicit confidentiality provisions and carve‑outs for required disclosures or court orders.

Do I need notarization or witnesses?

Most mediation agreements do not require notarization or witnesses. Check state or industry requirements when the agreement affects real property or falls under a statute requiring formalities.

How should I store the executed agreement?

Retain executed copies in a secure repository with an audit trail. For healthcare matters, follow HIPAA retention rules; for tax‑related matters, follow IRS retention guidance.

Electronic Signature
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ADR Agreement to Mediate

ADR Agreement to Mediate

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Mediation Agreement between Private Parties

Mediation agreement made (date), between

(name of first party), hereinafter called First Party, of

(address of first party), and

(name of second party), of

(address of second party), hereinafter called Second Party, said First Party and Second Party being jointly referred to as the Parties, and (name of first mediator) of

(address of Mediator) (the Mediator).

Whereas, the Parties have entered into mediation with the Mediator with the intention of reaching a consensual settlement of their dispute regarding

The Parties and the Mediator agree as follows:

1. Neutrality

The Mediator is a neutral facilitator who will assist the Parties to reach their own settlement. He will not make decisions about "right" or "wrong" or tell the Parties what to do.

2. No Legal Advice

The Mediator does not offer legal advice nor does he provide legal counsel. Each Party is advised to retain his or her own attorney in order to be properly counseled about his or her legal interests, rights and obligations.

3. Confidentiality

The Parties understand that in order for mediation to work, open and honest communications are essential. Accordingly, all written and oral communications, negotiations and statements made in the course of mediation will be treated as privileged settlement discussions and are absolutely confidential. To this end the parties agree that:

A. The Mediator will not reveal anything discussed in mediation without the permission of both Parties.

B. The Parties agree that they will not at any time, before, during, or after mediation, call the Mediator or anyone associated with the Mediator as witnesses in any legal or administrative proceeding concerning this dispute. To the extent that they may have a right to call the Mediator or anyone associated with the Mediator as witnesses, the Parties waive this right.

C. The Parties agree not to subpoena or demand the production of any records, notes, work product or the like of the Mediator in any legal or administrative proceeding concerning this dispute. To the extent that they may have a right to demand these documents, the Parties waive this right.

D. If, at a later time, either Party decides to subpoena the Mediator, the Mediator will move to quash the subpoena. That Party agrees to reimburse the Mediator for whatever expenses they incur in such an action (including attorney's fees) plus (dollar amount) per hour per Mediator for all the time that is taken by this matter.

E. The exception to the above is that this agreement to mediate and any written agreement made and signed by the Parties as a result of mediation may be used in any relevant proceeding, unless the Parties make a written agreement not to do so.

4. Full Disclosure

The Parties understand that full disclosure of all relevant and pertinent information is essential to the mediation process. Accordingly, there will be a complete and honest disclosure by each of the Parties to the other and to the Mediator of all relevant information and documents. This includes providing each other and the Mediator with all information and documentation that usually would be available through the discovery process in a legal proceeding. If either Party fails to make full disclosure, the agreement reached in mediation may be set aside.

5. Withdrawal

While both Parties intend to continue with mediation until a settlement agreement is reached, the Parties understand that either or both Parties may withdraw from mediation at any time. The Parties agree that if one or both Parties decide to withdraw from mediation, best efforts will be made to discuss this decision in the presence of both Parties and the Mediator.

6. Termination by Mediator

If the Mediator determines that it is not possible to resolve the issues through mediation, the process can be terminated once this has been conveyed to the Parties and confirmed in writing.

7. Memorandum of Understanding

When an agreement is reached, the Mediator will prepare a Memorandum of Understanding. Each Party is advised to review this with his or her own attorney before the agreement is placed in final form and signed.

8. Sharing of Costs

The Parties agree to share the cost of mediation.

9. Rules and Procedures

Additional rules and procedures for the mediation may be negotiated and agreed upon by the Mediator and the Parties at any time during the mediation process.

10. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of

Each party hereby declares:

I have read, understood and agreed to each provision of this agreement.

WITNESS our signatures as of the day and date first above stated.

What an ADR Agreement to Mediate Is and when it applies

An ADR Agreement to Mediate is a written contract between disputing parties that sets the terms for resolving a specific dispute through mediation rather than litigation. It defines the subject of the dispute, the mediator selection process, confidentiality limits, fees and expense allocation, the mediation schedule, and how any settlement will be documented. The agreement can be executed before a dispute arises (as a dispute-resolution clause) or after a dispute has emerged. Properly drafted, it clarifies expectations and preserves options for later enforcement or settlement documentation.

Why using an ADR Agreement to Mediate matters

A clear ADR Agreement to Mediate reduces uncertainty, allocates costs, and documents consent to a non‑judicial process. It preserves confidentiality, speeds dispute resolution compared with litigation, and creates a roadmap for mediator selection, fees, and post‑mediation documentation.

Who typically signs an ADR Agreement to Mediate

Common signers include the disputing parties and their authorized representatives; counsel may sign by agreement.

Individual parties and business entities directly involved in the dispute; corporations sign through an authorized officer or agent.
Outside counsel or in‑house counsel when parties delegate authority to negotiate settlement or execute documents.
Insurance carriers, guarantors, or named third parties when their rights or obligations are directly affected.

Core elements to include in a professional ADR Agreement to Mediate

Include clear, enforceable provisions that cover scope, mediator selection, confidentiality, fees, authority to settle, and signature blocks to avoid later dispute about process or enforceability.

Parties

Full legal names and capacities of each signatory party and any affiliated entities, so identity and authority are unambiguous.

Scope

A concise description of the dispute or categories of claims that will be submitted to mediation, including any excluded matters.

Mediator Selection

Method for choosing a mediator (named person or panel, appointment process, or rules of an ADR provider).

Confidentiality

Terms that define confidential materials, permissible disclosures, and exceptions for court-ordered disclosures.

Fees and Costs

Allocation of mediator fees, administrative costs, and whether each party bears its own attorney fees or cost shifting applies.

Signatures

Signature blocks with printed names, titles, and dates for all parties and a space for the mediator to acknowledge acceptance.

Step‑by‑step: completing and executing the ADR Agreement to Mediate

Follow this sequence to prepare, sign, and distribute the agreement so parties and the mediator have a clear record.

01

Prepare draft: Populate parties, dispute description, and mediator terms.
02

Review authority: Confirm each signer has legal authority to bind their party.
03

Execute: Parties sign and date; mediator signs to accept appointment.
04

Distribute copies: Send executed copies to all parties and the mediator; retain an archived copy.

Configuring an online mediation workflow

Set up an online workflow that mirrors the agreement’s process: upload, assign roles, require disclosures, and capture evidence of consent.

Field \| Configuration	Role \| Required or optional
Signers order	Sequence signing or simultaneous signing
Authentication method	Email link, SMS code, or stronger ID verification
Confidentiality notice	Present consumer disclosure when required
Audit trail	Capture IP, timestamps, and completion certificate

Where to send or file the executed agreement

After execution, distribute the agreement to listed parties, the mediator, and any insurer or counsel identified in the document.

Primary Parties: Each party receives a fully executed copy for their records.
Mediator: Provide the mediator with the executed agreement and any pre‑mediation statements.
Counsel: Send copies to each side’s legal counsel and any named representatives.
Records: Store a signed, archived copy in your compliance repository.

Digital delivery, signing, and file formats

Use a secure eSignature platform that supports PDF and DOCX, produces an auditable certificate, and preserves the full executed document.

File formats: PDF and DOCX supported
Integrations: Works with Google Workspace, Microsoft 365
Authentication: Email, SMS, or advanced methods

Typical timelines and deadlines to include

Specify scheduling and response timeframes clearly so mediation can proceed without administrative delay.

Notice to mediate:

Period for giving notice (common: 7–30 days)

Scheduling window:

Timeframe to complete mediation (commonly 30–90 days)

Pre‑mediation submissions:

Deadline for exchanging position statements

Mediator acceptance:

Number of days for mediator to accept appointment

Settlement documentation:

Time to memorialize agreements after mediation

Common risks if the agreement is incorrect or incomplete

Unenforceability: Vague terms can render the agreement void

Waiver of rights: Overbroad clauses may inadvertently waive claims

Authority gaps: Signer lacked power to bind the entity

Confidentiality breach: Improper disclosure can void protections

Missed deadlines: Scheduling lapses delay resolution

Incorrect mediator: Appointment errors create jurisdictional issues

Essential information to capture in the agreement

Party Names: Full legal names

Mediator: Name and contact

Dispute Details: Short description and dates

Governing Law: Designated state law

Confidentiality: Explicit clause text

Signatures: Signed names and dates

Representative examples of how agreements are used

Short examples show how different parties structure mediation terms to reflect case specifics and practical needs.

Landlord–Tenant Dispute

A landlord and tenant signed an ADR Agreement to Mediate for deposit and repair claims, naming a local mediator and splitting fees.

Mediator appointed within two weeks.
The parties agreed confidentiality and a schedule for exchanging evidence; mediation produced a written settlement executed the same day, avoiding costly eviction litigation and preserving the tenancy.

Contractor Payment Claim

A contractor and owner agreed to mediate a disputed invoice with a construction‑savvy mediator and capped fees.

Expert attendance was preauthorized.
The agreement required binding settlement memorialized within five business days; mediation led to a payment plan, reduced collection costs, and prevented mechanic’s lien escalation.

eSignature platform comparison for executing ADR Agreements to Mediate

Key vendor differences affect cost, bulk sending, HIPAA capability, and envelope limits; signNow is listed first for comparison.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Practical tips for accurate and efficient completion

Adopt a consistent checklist and use verified eSignature workflows to reduce execution errors and preserve enforcement value.

Confirm signatory authority

Verify corporate resolutions or power of attorney before executing to avoid later challenges.

Use clear scope language

Define claims subject to mediation precisely to prevent post‑agreement disputes.

Specify mediator rules

Name a mediator or appoint an ADR provider and state the applicable mediation rules.

Preserve audit trail

Use an eSignature service that records timestamps, IP addresses, and a certificate of completion.

Frequently asked questions about ADR Agreements to Mediate

Answers to common questions about enforceability, signatures, mediator selection, cancellation, and recordkeeping.

Need help? Contact support

Are electronic signatures valid?
Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws if intent, consent, attribution, and retention are satisfied.
What if someone lacks authority to sign?
If a signer lacks authority, the agreement may be voidable. Confirm authority with corporate resolutions or a power of attorney before execution to avoid later challenges.
Can the agreement be revoked or canceled?
Revocation depends on the agreement’s terms. Include explicit cancellation or withdrawal procedures and any notice periods to prevent disputes over timing.
Is mediation confidential?
Confidentiality is governed by the agreement and state law; include explicit confidentiality provisions and carve‑outs for required disclosures or court orders.
Do I need notarization or witnesses?
Most mediation agreements do not require notarization or witnesses. Check state or industry requirements when the agreement affects real property or falls under a statute requiring formalities.
How should I store the executed agreement?
Retain executed copies in a secure repository with an audit trail. For healthcare matters, follow HIPAA retention rules; for tax‑related matters, follow IRS retention guidance.

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