Mediation agreement must be in writing and may be a clause or separate document, including electronic communications.

A mediation agreement must be in writing and may be a mediation clause or a separate agreement; writing includes documents signed by the parties, exchanged communications including electronic forms, or pleadings where existence is alleged and not denied. A written agreement that incorporates a mediation clause by reference constitutes a mediation agreement. Parties may submit disputes arising before or after the agreement to mediation, and international mediation agreements must refer to commercial dispute resolution in the international mediation context.

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