Draft a Specimen of Mediated Settlement Agreement. Assume facts.

CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2024
Draft a Specimen of Mediated Settlement Agreement. Assume facts.

Answer & Explanation:

Specimen Mediated Settlement Agreement This Mediated Settlement Agreement is executed on this ________ day of ________, 2024 at New Delhi by and between ________ maintaining its Registered Office at ________ (hereinafter referred to as the "FIRST PARTY") and ________ S/o ________ residents of ________ (hereinafter referred to as the "SECOND PARTY") WHEREAS pursuant to agreement dated ________ disputes relating to ________ has arose between the parties. WHEREAS by virtue of the above said agreement, the parties mutually agreed to settle their dispute through Mediation by entering into a separate Mediation agreement. WHEREAS both the parties have appointed Mr. ________ as Mediator for conduct of the proceedings. WHEREAS the parties have now settled the disputes in the mediation proceedings held on ________ and ________ NOW IT IS HEREBY AGREED AS FOLLOWS: The parties to this agreement accepts and agrees to the terms, conditions and clauses, as full and final settlement of the claims made by first party against the second party pertaining to matter indicated in mediated settlement agreement dated ________. However, any clause of this agreement should not be treated as admission of facts of dispute. The second party agrees to pay ₹ ________/- by ________ (date) for the 100 computers machines delivered by the first party during the duration between ________ and ________. The first party agree to provide Annual Maintenance of the above said 100 computers free of cost for a period of 3 years starting from ________ to ________. The first party shall made available one of its employee during the office hours of Second Party. The employee of first party shall be entitled to 2 Earned Leaves Per month application of which should be made to Second Party 24 hours in advance and 1 Casual Leave per month that may be taken in case of exigency and 24 Sick Leaves per year. The payment shall be made by second party to the first part by online transfer in the Bank accounts of later of by account payee the cheque in the name of "________". The parties agree that the obligations of First Party under the settlement agreement are fulfilled discharged on making the full and final payment under clause 2 of this Agreement to the Second Party before ________ (Cut off date for making Payment). The parties agree that unpaid amount after ________ (Cut off date for making Payment) shall bear interest from the date such payment was due until paid at a rate 10% compounded quarterly from time to time. The parties agree that there shall be no further penalty or claim made pertaining to this transaction between the parties. It is agreed between the parties that all the liabilities of the Second Party for payment as mentioned in the letter of possession dated ________ are inclusive in the above agreed amount of ₹ ________ LACS and no other payment whatsoever would be payable by the Second Party after payment of settled amount except interest for delayed payment as detailed herein above as also the maintenance charges with effect from ________. The parties agrees that parties shall pray the Hon'ble Court for a suitable adjournment of proceedings so that the parties can ensure compliance of the terms of this agreement and thereafter jointly apply to the Hon'ble Court for disposal proceedings. It is agreed between the parties that the parties shall pray to the Hon'ble Court for a suitable adjournment of both the appeals of the two appeals as aforesaid. In witness whereof the Bank, through its authorised officer has set its hand and stamp on this ________ day of March, 2023 at ________. 1st Party (Name, Signature and Details) 2nd Party (Name, Signature and Details) Mediator (Name, Signature and Details)

Topics: Alternative Dispute Resolution

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