Agreement between the parties plays an essential role as parties to the contract are bound by its conditions and subject to penalty if it violates its terms. Formulating an agreement if two or more parties agree to enter some lawful relation or want to fulfill any obligation is necessary. Thus, an agreement holds and essential position between the parties. In this article, we will deal with the meaning and techniques of drafting the Mediation Confidentiality Agreement.
What is the meaning and object of the Mediation Confidentiality Agreement?
The meaning or definition of the Mediation Confidentiality Agreement is not defined as in particular anywhere. Still, it can be termed as an Agreement binding the parties entering Mediation not to disclose any information held or occurred during the Mediation process. The object of this agreement is to secure the information exchanged during Mediation so that no such disadvantage can be taken by either contracting party if the disputes go into litigation or if Mediation fails to reach its conclusion. In other words, it binds the parties and helps secure the information exchanged between them as confidential.
Whether the law of UAE protects Confidentiality during Mediation?
Contract Lawyers states that Mediation is regulated in UAE by Federal Law No. 6 of 2021. This law approves the confidentiality clause in mediation agreements. It ensures that the information or documents exchanged or submitted, or any concessions made during mediation proceedings, cannot be used against any party in Court or before any other Forum. Moreover, it also imposes penal sanctions upon the violator if a confidential information clause is violated.
Thus, article 14 of the abovementioned law provides \”Information exchanged during mediation is Confidential\” and specifies \”procedure or any documents and information submitted, or any agreements or concession made by the Parties, shall not be used against each other before any court or entity\”. Thereby, it means that any agreement executed between the parties regarding the Confidentiality of Mediation Proceedings cannot be held to be void and is palpable in the eyes of the law, irrespective of the fact that disputes come under the ambit of the above-said law.
What are the techniques for drafting Mediation Confidentiality Agreement?
Our Contract Law Lawyers will inform you about the techniques required in drafting the agreement of mediation Confidentiality Agreement, which is mentioned below:
- DETAILS OF THE PARTIES
The details of the parties to be mentioned in the confidentiality agreement so that it can
be clear who are parties to such agreement.
- OBJECT OF THE AGREEMENT
The object of the mediation agreement shall be specified so that a clear picture of the contract can be made out and no such ambiguity may arise later between the parties.
The Recitals shall be mentioned in the agreement, which shall state the contents of such contract. Moreover, the main content which is to include in the agreement shall be mentioned in the recitals.
- OBLIGATIONS OF THE PARTIES
The parties\’ obligations are to be mentioned either separately or jointly in the agreement, which can clearly specify their duties against each other.
- NON-APPLICABILITY CLAUSE
This clause will define that the information exchanged during the mediation process will not be used in any court proceedings against any of the parties.
- SEVERABILITY CLAUSE
This clause will act as a good tool when any of the agreement\’s provisions becomes invalid, as this clause will serve as a savior to other clauses.
- GOVERNING LAW
This clause will identify the place of jurisdiction law between the parties.
This clause will indemnify the other party from the actions of the other party or any third party.
What role do Contract law lawyers plays in drafting?
The role of contract law lawyers in drafting Confidentiality Documents is vital as they are imbibed with all the techniques of drafting and are aware of the legal knowledge and language that is to be used while drafting such agreements. Though it is significant for a contact lawyer who is well versed in all the skills and qualities of drafting, we all know that drafting plays a substantial role in regulating the relationship between the parties to contracts.
HOW CAN WE HELP YOU?
Nour Attorneys Law Firm tends to provide you best services in terms of Legal Contract Drafting Services and Legal Contract Review by the help of our pervasive and best Commercial Contract Lawyer. Our law firm helps you in every possible manner and assures you the right way for you. Thus, to avail the benefits of the services we provide, feel free to contact us and get assured client satisfaction
Nour Attorneys Law Firm tends to provide you best services in terms of Legal Contract Drafting Services and Legal Contract Review by the help of our highly extensive and best Commercial Contract Lawyer. Our law firm helps you in every possible manner and assures the right way for you. Thus, to avail the benefits of the services provided by us feel free to contact us and get assured client satisfaction.