What is a mediation contract and when to use it

A mediation contract (zprostředkovatelská smlouva) is an agreement where the intermediary undertakes to facilitate the conclusion of a contract between the client and a third party, in exchange for a commission.
The intermediary does not conclude the contract themselves – they only connect the parties.

Typical examples:

• real estate services (sale, rental)

• business matchmaking

• recruitment services

• affiliate partner introductions

Legal framework

This agreement is regulated by the Czech Civil Code (Sections 2445–2454).
The key element is the right to a commission once the main contract is concluded.

Mandatory elements of a mediation contract

• Identification of the client and the intermediary

• Description of the mediation subject (e.g. real estate sale)

• Commission terms (amount and due date)

• Obligation to make efforts to facilitate a contract

• Client’s duty to cooperate

• Duration of the contract

• Date and signatures

Common mistakes in practice

• Vague or undefined subject of mediation

• No clear agreement on when commission is due

• No clause for post-contract commission (protective period)

• Unclear duration or termination rules

• Confusion with agency or representation contracts

Recommendations for clients and intermediaries

Client:

• Define clearly when the intermediary is entitled to a commission.

• Agree on a fixed term and termination conditions.

Intermediary:

• Request written confirmation when a contract is concluded.

• Include a protective period clause (e.g. 3–6 months after contract ends).

Tip from practice

Disputes often arise when the client signs a contract with the introduced party after the mediation agreement has expired. Always include a protective period clause in the contract.

Basic mediation contract template – available for a symbolic fee

If you need a simple mediation contract (e.g. for real estate or business purposes), I can send it by e-mail for a symbolic fee.

The template is suitable for typical scenarios and serves as a working draft.
For specific needs (e.g. post-contract protection, complex fee structures), I’ll gladly prepare a tailored version.

Contact me via e-mail, contact form or message. Everything will be arranged quickly and easily.

FINAL THOUGHTS – WHAT NOW?

A mediation contract isn’t just a formality – it’s a legal shield, if drafted properly. And a trap, if not.

Do you want to be sure your contract will hold up even in a crisis? Get in touch and let’s schedule a meeting. I am a specialist on contract law – more information here.