Is an electronic signature valid?

Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided intent, consent, attribution, and record retention are met.

Do mediation agreements need notarization?

Generally no; notarization is not required for most mediation agreements. Verify state-specific requirements for affidavits or where deed-like effects are claimed.

What if a party signs the wrong name?

A mismatched or incorrect signer name can cause enforceability issues; correct by amendment and re-signing, or attach an acknowledgment clarifying the authorized signer.

Can confidentiality be overridden?

Confidentiality clauses may have legal exceptions (e.g., court orders, mandatory reporting). Specify exceptions clearly and reference applicable state law where required.

How to correct a signed agreement?

Prepare a written amendment or mutual rescission signed by all parties; avoid handwritten changes after execution without a formal amendment and re-signature.

Where should signed copies be stored?

Retain executed agreements in secure case files and an electronic repository with audit trails; follow retention rules such as IRS (IRC §6501(a)) and HIPAA (45 CFR §164.530(j)) when applicable.

Electronic Signature
Templates
Other
Agreement to Mediate

Agreement to Mediate

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

THE STATE OF NEW HAMPSHIRE

JUDICIAL BRANCH

Court Name:

Case Name:

Case Number: (if known)

MEDIATION PARTICIPATION AGREEMENT

1. Mediation is a private process where we will work to explore options for resolving the matter that brought us here today.

2. The mediator is an impartial person whose job is to help us reach an agreement that is fair to all, without making the decisions for us.

3. The mediator will not provide marital counseling or legal advice.

4. We may seek legal advice from an attorney of our own choosing at any time. We are encouraged to have an attorney review the final agreement before we sign it.

5. We will honestly disclose all information essential to bringing this matter to an agreement.

6. Everything said or written during the mediation is confidential, except as provided by New Hampshire law or court rules.

7. We will not subpoena the mediator or his/her records about anything said or agreed upon during the mediation.

8. The mediator is paid for his/her services at $60 an hour as follows (please check and initial the appropriate letter choice):

A. will pay the entire fee.

B. The fee will be proportionally shared with paying % and paying %.

a. Provided we financially qualify, the fee will be paid by the State of New Hampshire initially. We will arrange with the State of New Hampshire Office of Cost Containment to pay back our respective share of the total fee.

b. Other:

Date

Petitioner

Attorney for Petitioner

Date

Respondent

Attorney for Respondent

Date

Mediator

NHJB-2052-F (12/07/2006) Page 1 of 1

What an Agreement to Mediate Is and when it’s used

An Agreement to Mediate is a written contract between parties and a mediator that sets the terms for a mediation session, including scope, confidentiality, fees, and timing. It defines roles, establishes whether mediation is binding or nonbinding, and allocates responsibilities for fees and cancellations. The document helps ensure all participants understand ground rules for information exchange, confidentiality protections, and the mediator’s authority to facilitate but not decide the dispute. Courts and providers often require a signed agreement before scheduling sessions to avoid procedural confusion and preserve privileges.

Why a clear Agreement to Mediate matters

A well-drafted Agreement to Mediate reduces misunderstandings, protects confidentiality, and documents consent to the mediation process under agreed terms. It provides enforceable evidence of the parties’ expectations about fees, timing, mediator authority, and whether settlement offers are confidential or admissible.

Who typically completes an Agreement to Mediate

Each signer should review the agreement for accuracy and sign only after understanding confidentiality, fee allocation, and whether the mediation is binding or nonbinding.

Plaintiffs and Defendants — Parties in civil disputes who agree to resolve claims via mediation.
Attorneys and Legal Counsel — Prepare and review agreement terms, confidentiality language, and costs.
Professional Mediators — Use the agreement to set fees, cancellation policy, and scope of services.

Core elements to include in a professional Agreement to Mediate

A comprehensive agreement addresses the mediator’s role, mediation scope, confidentiality, fees and expenses, scheduling and cancellation terms, and the procedure for signing and storage. Clear clauses reduce later disputes over process and enforceability.

Parties

Full legal names and contact details for each party and their counsel, plus any organizational representatives.

Mediator Role

Specify mediator name, credentials, powers (facilitative or evaluative), and limits on issuing enforceable orders.

Scope

Define issues to be mediated, whether related claims or future disputes are included, and session format (joint, caucus, virtual).

Confidentiality

State confidentiality limits, admissibility rules, and any exceptions required by law or court order.

Fees & Costs

Describe mediator rate, how fees are allocated, deposit requirements, and responsibility for administrative costs.

Execution

Specify effective date, signature blocks, witness/notarization needs, and electronic signing consent.

Required data points to capture on the form

Full Names: Legal names of each party and corporate entity

Contact Info: Street address, email, and phone for notices

Mediator Details: Mediator name, firm, credentials

Session Dates: Proposed mediation dates and location

Fee Terms: Rate, retainer amount, and billing party

Confidentiality: Scope and legal exceptions

Step-by-step: completing an Agreement to Mediate

Follow a clear sequence to avoid omissions: identify parties, set scope and dates, confirm fees, include confidentiality language, and obtain signatures from authorized representatives.

01

1. Identify Parties: Enter full legal names and contact details
02

2. Define Scope: List claims, issues, or claims excluded
03

3. Confirm Fees: Record rates, retainer, and payment terms
04

4. Sign and Date: All parties sign; record effective date

How to customize and complete the agreement online

Online completion streamlines routing, signing, and storage; configure fields, authentication, and notifications before sending to signers.

Field	Configuration
Signature	Required; date-stamp enabled
Authentication	Email link or SMS code
Conditional Fields	Show fee split if multiple parties selected
Document Retention	Enable audit trail and secure storage

Where to send or file the completed agreement

Determine routing and archival procedures before signing so parties know where executed agreements will be stored and how to access them.

To Mediator: Send executed copy to mediator for scheduling and records
To Counsel: Provide each party’s counsel with a signed copy for file
Court Filing: File only when court requires or to preserve court-ordered mediation mandates
Storage: Store a signed copy with case files and confidential repository

Distribution and eSubmission options

Choose a method that meets legal needs (ESIGN/UETA) and confidentiality obligations; ensure access controls for stored copies.

Email: Send executed PDF copies for party records
eSignature: Use an ESIGN/UETA-compliant platform with audit trails
Physical: Collect wet signatures and scan to archive

Typical timings and important deadlines

Mediation agreements commonly set effective dates, scheduling windows, retainer due dates, and notice periods for cancellations or rescheduling.

Effective Date:

Date parties sign; starts obligations

Retainer Due:

Specify days before session payment is required

Cancellation Notice:

Commonly 48–72 hours to avoid fees

Document Exchange:

Set deadline for pre-session submissions

Record Retention:

Specify how long signed copies are kept

Common mistakes to avoid when preparing the agreement

Using informal or ambiguous fee language that causes disputes later
Failing to specify whether mediation outcomes are binding or nonbinding
Omitting contact details or signing authority for corporate parties
Neglecting to include confidentiality exceptions required by law

Consequences of an incorrect or incomplete agreement

Unenforceable Terms: Ambiguous clauses can be challenged in court

Fee Disputes: Missing allocation leads to billing conflicts

Confidentiality Breach: Improper wording may expose privileged information

Scheduling Delays: Incomplete details postpone mediation

Invalid Signatures: Wrong signatory or missing authorization

Regulatory Noncompliance: Healthcare matters may implicate HIPAA protections

Practical examples: how agreements are used in real scenarios

Two sample scenarios illustrate common drafting choices and typical provisions for different mediation contexts.

Commercial Contract Dispute

A mid-size company and contractor sign to mediate a payment dispute

The mediator requires a $2,000 retainer
Confidentiality prevents admission of settlement offers in later litigation; fees split equally and electronic signatures accepted.

Medical Malpractice Prelitigation

A hospital and claimant agree to mediation to avoid court costs

Mediator must execute a BAA if PHI is shared
Sessions are virtual, records retained for six years under HIPAA, and counsel receive executed copies.

eSignature provider comparison for executing an Agreement to Mediate

Basic vendor pricing and feature differences that commonly matter when e-signing mediation agreements; signNow is listed first as the baseline option.

	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	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (Business Premium+)	Varies by plan	Varies by plan	Yes	Limited
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA available)	Yes (BAA available)	Yes (BAA available)	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently asked questions about Agreements to Mediate

Answers to common questions about enforceability, signing methods, confidentiality, and corrections when preparing or executing an agreement.

Need help? Contact support

Is an electronic signature valid?
Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided intent, consent, attribution, and record retention are met.
Do mediation agreements need notarization?
Generally no; notarization is not required for most mediation agreements. Verify state-specific requirements for affidavits or where deed-like effects are claimed.
What if a party signs the wrong name?
A mismatched or incorrect signer name can cause enforceability issues; correct by amendment and re-signing, or attach an acknowledgment clarifying the authorized signer.
Can confidentiality be overridden?
Confidentiality clauses may have legal exceptions (e.g., court orders, mandatory reporting). Specify exceptions clearly and reference applicable state law where required.
How to correct a signed agreement?
Prepare a written amendment or mutual rescission signed by all parties; avoid handwritten changes after execution without a formal amendment and re-signature.
Where should signed copies be stored?
Retain executed agreements in secure case files and an electronic repository with audit trails; follow retention rules such as IRS (IRC §6501(a)) and HIPAA (45 CFR §164.530(j)) when applicable.

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