Mediation and ADR
Agreement to mediate
A written agreement, signed before mediation begins, in which the parties and the mediator set the ground rules: the mediator's role and style, fees, confidentiality and its exceptions, and how the process can end.[1]
In more detail
Virginia's standards for certified mediators require an Agreement to Mediate that includes the state's statutory confidentiality language and a general statement of the mediator's style and approach.[1] Under the Uniform Mediation Act, parties who agree to mediate in a record showing they expect privacy can bring a private mediation within the Act's privilege rules.[2] Read it closely before you sign: it usually also says who pays and when.
Varies by state
What the agreement must contain depends on each state's statutes, court rules and mediator standards. Find your state’s rules.
Related terms
- ConfidentialityThe rule that what is said in mediation generally stays private.
- Mediator feesWhat a mediator or mediation program charges.
- Self-determinationThe parties' right to make voluntary, uncoerced and informed decisions in mediation, including whether to settle and on what terms.
- Orientation sessionA preliminary meeting in which the parties and the neutral assess a case and decide whether to go on with mediation or another dispute resolution process, or to proceed in court.
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Sources
The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.
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Cite this page
MediationList. (2026, October 28). Agreement to mediate: Definition. https://mediationlist.com/glossary/agreement-to-mediate/
APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.