MEDIATION AGREEMENT
This Mediation Agreement, hereinafter referred to as "Agreement," is entered into and made effective as of ________ (the "Effective Date")
BETWEEN THE FOLLOWING PARTIES (who may be be referred to individually as "Party" and collectively as the "Parties"):
________
of the following address:
________
AND:
________
of the following address:
________
AND THE FOLLOWING MEDIATOR (the "Mediator"):
________
(1) BACKGROUND
(1.1) A dispute has arisen between the Parties, the details of which are set out in the "Dispute" clause of this Agreement (the "Dispute").
(1.2) The Parties wish to resolve the Dispute between them and understand that litigation can be costly and time-consuming.
(1.3) The Parties agree to appoint the Mediator to resolve the Dispute through mediation.
(1.4) The Parties agree to participate in the mediation, the details of which are set out in the "Mediation" clause of this Agreement (the "Mediation").
(1.5) The Mediator agrees to assist the Parties with the Mediation, on the terms set out in this Agreement.
(1.6) In an effort to resolve the Dispute, the Parties agree to the terms of this Agreement.
(1.7) This Agreement sets out various details about the Dispute and the Mediation, including:
(1.7.1) The nature of the Dispute;
(1.7.2) The role of the Mediator;
(1.7.3) The time and location of the Mediation;
(1.7.4) How the Mediation will take place and who may attend;
(1.7.5) How the costs of Mediation (including the Mediator's costs) will be paid;
(1.7.6) Communication between the Parties and the Mediator;
(1.7.7) Confidentiality;
(1.7.8) Termination of this Agreement;
(1.7.9) Enforcement of this Agreement;
(1.7.10) Enforcement of any decisions reached at the Mediation.
(2) DISPUTE
(2.1) The following dispute has arisen between the Parties ("Dispute"):
________
(2.2) The Parties wish to attempt to resolve the Dispute by mediation.
(3) APPLICABLE LAW
(3.1) The Mediation will be conducted in accordance with the following law:
________
(4) MEDIATOR
(4.1) The Parties acknowledge and agree that the Mediator will not advise any Party, will not make decisions for any Party.
(4.2) The Mediator will mediate the Dispute between the Parties.
(5) IMPARTIALITY OF MEDIATOR
(5.1) The Parties acknowledge and agree that the Mediator is impartial.
(5.2) The Parties confirm that they have no prior relationship with the Mediator.
(5.3) The Mediator confirms that they have no prior relationship with any Party.
(5.4) The Mediator confirms that they have no interest in the Dispute (other than acting is mediator in accordance with this Agreement).
(5.5) If the Mediator becomes aware of any circumstances which may interfere with the Mediator's capacity to act impartially in relation to the Mediation or the Parties ("Potential Conflict"):
(5.5.1) The Mediator will notify each Party of the Potential Conflict;
(5.5.2) The Mediator will discuss the matter with each Party and will invite the Parties to raise any concerns they may have about the Potential Conflict;
(5.5.3) If the Parties agree, then the Mediator may continue to mediate the Dispute;
(5.5.4) If any Party or the Mediator considers that, due to the Potential Conflict, the Mediator will be unable to continue acting impartially in the Mediation, then the Mediator may provide written notice to the Parties, withdrawing from the role as Mediator of the Dispute.
(5.6) The Mediator will not act as as arbitrator in any subsequent arbitration.
(5.7) The Mediator will not provide advice to any Party, or act as an advocate for any Party, in any subsequent arbitration or court proceedings.
(6) MEDIATION
(6.1) The Mediation includes any and all sessions attended by the Parties with the Mediator, as well as any other steps taken by the Parties to attempt to resolve the Dispute.
(6.2) The Mediation will initially be scheduled for: ________.
(6.3) The Mediation will take place at the following location: ________.
(6.4) The Parties may also agree to attend subsequent sessions or alternative Mediation sessions at days, times and locations to be agreed between the Parties.
(6.5) The Parties themselves will determine the scope of the Mediation, with assistance from the Mediator.
(7) MEDIATION PROCESS
(7.1) The Mediator will direct the Parties regarding the manner in which the Mediation will be conducted.
(7.2) The Mediator will be responsible for the following in the course of the Mediation:
(7.2.1) Ensuring that each Party understands Mediation is a voluntary process;
(7.2.2) Remaining impartial to assist the Parties in coming to their own resolution;
(7.2.3) Discussing the Mediation with the Parties' individual legal representatives, if requested to do so;
(7.2.4) Conducting private meetings with the individual Parties as needed; and
(7.2.5) Requesting any documentation or memoranda as needed from the Parties.
(7.3) In directing the Parties regarding the Mediation process, the Mediator should consider the circumstances of each Party, and the opinion of each Party regarding how the Mediation should be conducted.
(7.4) Without limiting the directions that the Mediator may give, the Mediator may give directions in relation to the following matters:
(7.4.1) Whether or not it is appropriate for the Parties to have anyone else attend the Mediation on their behalf, such as legal representatives, translators or support persons;
(7.4.2) Whether or not to schedule preliminary conferences;
(7.4.3) Whether or not the Parties should provide written statements about the Dispute;
(7.4.4) Whether or not any experts should be engaged, and if so, how their opinions should be presented (such as in person, in individual reports or in joint reports);
(7.4.5) How and when the Mediator should be provided with any statements, expert reports or other relevant documentation or information.
(8) PARTIES' ACKNOWLEDGEMENTS AND OBLIGATIONS
(8.1) The Parties each agree that they are entering into this Mediation Agreement voluntarily. In the Mediation, the Mediator will assist the Parties in reaching a collaborative resolution to their Dispute.
(8.2) Each Party understands that the Mediator is not able to rule on the Dispute, but rather, is there to help the Parties come to their own agreement. Each Party understands that the Mediator will not be providing any legal advice, and each Party is encouraged to seek their own independent legal counsel throughout the course of the Mediation and after.
(8.3) The Parties agree to participate in the Mediation in good faith.
(8.4) The Parties each acknowledge that the Mediation presents a valuable opportunity to resolve the Dispute in a timely and cost effective manner.
(8.5) Each Party will comply with any reasonable requests made by the Mediator in relation to the Mediation.
(9) FEES
(9.1) The Parties will split the fees of the Mediation equally and each shall be responsible for remitting payment individually.
(9.2) The Mediator will be responsible for sending an invoice to the Parties prior to the Mediation.
(9.3) The Parties will pay their own costs of and incidental to the Mediation.
(10) 8555888885 85 258585588
(________) 5585 25522 2582 522225 252 225852822 8825 5 2225822 88888222288 525 525582288 22 822282 252 8882522.
(________) 5585 25522 2582 5582 8222222 82 5222255282 52 252 225852822 852 88 5525258825 22 2522 5252222228 525 82282888228 22 825582 22 2552 25522 525 88 5525258825 22 822282 252 8882522 22 825582 22 2552 25522.
(11) COMMUNICATION BETWEEN THE PARTIES AND THE MEDIATOR
(11.1) The Mediator may meet with any Party or Parties, together or individually, whenever the Mediator chooses.
(11.2) If the Mediator considers it inappropriate to meet with any Party or Parties individually, then the Mediator may refrain from doing so.
(11.3) The Mediator may communicate with the Parties orally or in writing.
(12) LIMITATION OF LIABILITY
(12.1) The Parties agree that the Mediator will not be liable to any Party for any act or omission by the Mediator in relation to the Mediator's participation in the Mediation under the terms of this Agreement, except in the event that the act or omission is fraudulent or illegal.
(12.2) The Parties and their representatives, as well as the Mediator, must not use any statements or comments made during the Mediation, as a basis for any action for defamation, libel, slander, or any related complaint. This Agreement can be used as a defence against any such claim.
(13) INDEMNITY
(13.1) Each Party hereby respectively indemnifies and keeps indemnified the Mediator against any claims that may be brought by or on behalf of the Party due to any act or omission by the Mediator in relation to the Mediator's participation in the Mediation under the terms of this Agreement, except in the event that the act or omission is fraudulent or illegal.
(14) CONFIDENTIALITY AND PRIVILEGE
(14.1) The Parties acknowledge and agree that disclosures may be made during the Mediation, in a genuine attempt to resolve the Dispute. Any Party making such disclosures during the Mediation should not be disadvantaged in later proceedings (such as arbitration or court proceedings) as a result of those disclosures, which is why confidentiality is important to the Mediation.
(14.2) The Parties and the Mediator agree that the Mediation is confidential.
(14.3) The Parties and the Mediator will not disclose any confidential information which they have obtained through the Mediation, with any person who was not present at the Mediation, except:
(14.3.1) If required to do so by law;
(14.3.2) If the disclosure is to obtain professional advice, and the person receiving the confidential information is notified that the information is confidential and agrees to keep it confidential; or
(14.3.3) If the Party that disclosed the confidential information during the Mediation gives their permission.
(14.4) In the event that a Party provides information to the Mediator in confidence (such as during a private meeting) the Mediator agrees to keep that information confidential and to refrain from sharing that information with any other Party, unless the Party providing that information agrees that the Mediator may disclose it.
(14.5) Any person(s) other than the Parties who are in attendance at the Mediation (such as legal professionals or other advisors) must also agree that the Mediation will be confidential, and must be ready to sign a confidentiality undertaking if directed to do so by the Parties or the Mediator.
(14.6) Notwithstanding the previous sub-clauses of this "Confidentiality and Privilege" clause, in any arbitration or court proceedings, any information of the types described below will be kept confidential and will be privileged ("Privileged Information"):
(14.6.1) Any concessions, admissions or statements made by any Party;
(14.6.2) Any documents or statements made by the Mediator;
(14.6.3) Any proposal to settle the Dispute;
(14.6.4) The fact that any Party has demonstrated a willingness to consider a settlement proposal.
(14.7) The Privileged Information will not be admissible in any court proceedings or arbitration.
(14.8) The Parties and the Mediator will keep the Privileged Information confidential and will not disclose it or rely on it outside of the Mediation, and will not issue any subpoena or cause any subpoena to be issued to give evidence or produce documents relating to the Privileged Information.
(15) TERMINATION
(15.1) Although the ultimate goal is for the Parties to complete the Mediation and resolve their Dispute, the Mediation is entirely voluntary. The Mediation may be terminated if:
(15.1.1) The Parties execute a written settlement agreement in relation to the Dispute;
(15.1.2) Any Party wishes to withdraw from the Mediation;
(15.1.3) The Mediator determines that a collaborative resolution will not be possible; or
(15.1.4) The Parties and the Mediator together wish to terminate the Mediation.
(15.2) Upon the termination of the Mediation, the Mediator will destroy or return to the Party that initially provided them, any documents or information except for this Agreement, any settlement agreement, and the Mediator's notes from the Mediation.
(16) SETTLEMENT AGREEMENT
(16.1) In the event that the Parties reach an agreement regarding the settlement of the Dispute, they may execute a settlement agreement setting out the terms on which they will settle the Dispute ("Settlement Agreement").
(16.2) Subject to the terms of the Settlement Agreement, the Settlement Agreement may be legally binding, and any Party may be free to enforce the Settlement Agreement.
(17) CONTACT DETAILS
The contact details for the Parties and the Mediator are as follows:
________
Phone: ________
Email: ________
________
Phone: ________
Email: ________
________
Phone: ________
Email: ________
EXECUTED AS AN AGREEMENT THIS ________
Signed by ________:
____________________________________
________
In the presence of:
____________________________________
Witness Signature
____________________________________
Witness Name
____________________________________
Witness Occupation
____________________________________
____________________________________
Witness Address
Signed by ________:
____________________________________
________
In the presence of:
____________________________________
Witness Signature
____________________________________
Witness Name
____________________________________
Witness Occupation
____________________________________
____________________________________
Witness Address
Signed by ________:
____________________________________
________
In the presence of:
____________________________________
Witness Signature
____________________________________
Witness Name
____________________________________
Witness Occupation
____________________________________
____________________________________
Witness Address
MEDIATION AGREEMENT
This Mediation Agreement, hereinafter referred to as "Agreement," is entered into and made effective as of ________ (the "Effective Date")
BETWEEN THE FOLLOWING PARTIES (who may be be referred to individually as "Party" and collectively as the "Parties"):
________
of the following address:
________
AND:
________
of the following address:
________
AND THE FOLLOWING MEDIATOR (the "Mediator"):
________
(1) BACKGROUND
(1.1) A dispute has arisen between the Parties, the details of which are set out in the "Dispute" clause of this Agreement (the "Dispute").
(1.2) The Parties wish to resolve the Dispute between them and understand that litigation can be costly and time-consuming.
(1.3) The Parties agree to appoint the Mediator to resolve the Dispute through mediation.
(1.4) The Parties agree to participate in the mediation, the details of which are set out in the "Mediation" clause of this Agreement (the "Mediation").
(1.5) The Mediator agrees to assist the Parties with the Mediation, on the terms set out in this Agreement.
(1.6) In an effort to resolve the Dispute, the Parties agree to the terms of this Agreement.
(1.7) This Agreement sets out various details about the Dispute and the Mediation, including:
(1.7.1) The nature of the Dispute;
(1.7.2) The role of the Mediator;
(1.7.3) The time and location of the Mediation;
(1.7.4) How the Mediation will take place and who may attend;
(1.7.5) How the costs of Mediation (including the Mediator's costs) will be paid;
(1.7.6) Communication between the Parties and the Mediator;
(1.7.7) Confidentiality;
(1.7.8) Termination of this Agreement;
(1.7.9) Enforcement of this Agreement;
(1.7.10) Enforcement of any decisions reached at the Mediation.
(2) DISPUTE
(2.1) The following dispute has arisen between the Parties ("Dispute"):
________
(2.2) The Parties wish to attempt to resolve the Dispute by mediation.
(3) APPLICABLE LAW
(3.1) The Mediation will be conducted in accordance with the following law:
________
(4) MEDIATOR
(4.1) The Parties acknowledge and agree that the Mediator will not advise any Party, will not make decisions for any Party.
(4.2) The Mediator will mediate the Dispute between the Parties.
(5) IMPARTIALITY OF MEDIATOR
(5.1) The Parties acknowledge and agree that the Mediator is impartial.
(5.2) The Parties confirm that they have no prior relationship with the Mediator.
(5.3) The Mediator confirms that they have no prior relationship with any Party.
(5.4) The Mediator confirms that they have no interest in the Dispute (other than acting is mediator in accordance with this Agreement).
(5.5) If the Mediator becomes aware of any circumstances which may interfere with the Mediator's capacity to act impartially in relation to the Mediation or the Parties ("Potential Conflict"):
(5.5.1) The Mediator will notify each Party of the Potential Conflict;
(5.5.2) The Mediator will discuss the matter with each Party and will invite the Parties to raise any concerns they may have about the Potential Conflict;
(5.5.3) If the Parties agree, then the Mediator may continue to mediate the Dispute;
(5.5.4) If any Party or the Mediator considers that, due to the Potential Conflict, the Mediator will be unable to continue acting impartially in the Mediation, then the Mediator may provide written notice to the Parties, withdrawing from the role as Mediator of the Dispute.
(5.6) The Mediator will not act as as arbitrator in any subsequent arbitration.
(5.7) The Mediator will not provide advice to any Party, or act as an advocate for any Party, in any subsequent arbitration or court proceedings.
(6) MEDIATION
(6.1) The Mediation includes any and all sessions attended by the Parties with the Mediator, as well as any other steps taken by the Parties to attempt to resolve the Dispute.
(6.2) The Mediation will initially be scheduled for: ________.
(6.3) The Mediation will take place at the following location: ________.
(6.4) The Parties may also agree to attend subsequent sessions or alternative Mediation sessions at days, times and locations to be agreed between the Parties.
(6.5) The Parties themselves will determine the scope of the Mediation, with assistance from the Mediator.
(7) MEDIATION PROCESS
(7.1) The Mediator will direct the Parties regarding the manner in which the Mediation will be conducted.
(7.2) The Mediator will be responsible for the following in the course of the Mediation:
(7.2.1) Ensuring that each Party understands Mediation is a voluntary process;
(7.2.2) Remaining impartial to assist the Parties in coming to their own resolution;
(7.2.3) Discussing the Mediation with the Parties' individual legal representatives, if requested to do so;
(7.2.4) Conducting private meetings with the individual Parties as needed; and
(7.2.5) Requesting any documentation or memoranda as needed from the Parties.
(7.3) In directing the Parties regarding the Mediation process, the Mediator should consider the circumstances of each Party, and the opinion of each Party regarding how the Mediation should be conducted.
(7.4) Without limiting the directions that the Mediator may give, the Mediator may give directions in relation to the following matters:
(7.4.1) Whether or not it is appropriate for the Parties to have anyone else attend the Mediation on their behalf, such as legal representatives, translators or support persons;
(7.4.2) Whether or not to schedule preliminary conferences;
(7.4.3) Whether or not the Parties should provide written statements about the Dispute;
(7.4.4) Whether or not any experts should be engaged, and if so, how their opinions should be presented (such as in person, in individual reports or in joint reports);
(7.4.5) How and when the Mediator should be provided with any statements, expert reports or other relevant documentation or information.
(8) PARTIES' ACKNOWLEDGEMENTS AND OBLIGATIONS
(8.1) The Parties each agree that they are entering into this Mediation Agreement voluntarily. In the Mediation, the Mediator will assist the Parties in reaching a collaborative resolution to their Dispute.
(8.2) Each Party understands that the Mediator is not able to rule on the Dispute, but rather, is there to help the Parties come to their own agreement. Each Party understands that the Mediator will not be providing any legal advice, and each Party is encouraged to seek their own independent legal counsel throughout the course of the Mediation and after.
(8.3) The Parties agree to participate in the Mediation in good faith.
(8.4) The Parties each acknowledge that the Mediation presents a valuable opportunity to resolve the Dispute in a timely and cost effective manner.
(8.5) Each Party will comply with any reasonable requests made by the Mediator in relation to the Mediation.
(9) FEES
(9.1) The Parties will split the fees of the Mediation equally and each shall be responsible for remitting payment individually.
(9.2) The Mediator will be responsible for sending an invoice to the Parties prior to the Mediation.
(9.3) The Parties will pay their own costs of and incidental to the Mediation.
(10) 8555888885 85 258585588
(________) 5585 25522 2582 522225 252 225852822 8825 5 2225822 88888222288 525 525582288 22 822282 252 8882522.
(________) 5585 25522 2582 5582 8222222 82 5222255282 52 252 225852822 852 88 5525258825 22 2522 5252222228 525 82282888228 22 825582 22 2552 25522 525 88 5525258825 22 822282 252 8882522 22 825582 22 2552 25522.
(11) COMMUNICATION BETWEEN THE PARTIES AND THE MEDIATOR
(11.1) The Mediator may meet with any Party or Parties, together or individually, whenever the Mediator chooses.
(11.2) If the Mediator considers it inappropriate to meet with any Party or Parties individually, then the Mediator may refrain from doing so.
(11.3) The Mediator may communicate with the Parties orally or in writing.
(12) LIMITATION OF LIABILITY
(12.1) The Parties agree that the Mediator will not be liable to any Party for any act or omission by the Mediator in relation to the Mediator's participation in the Mediation under the terms of this Agreement, except in the event that the act or omission is fraudulent or illegal.
(12.2) The Parties and their representatives, as well as the Mediator, must not use any statements or comments made during the Mediation, as a basis for any action for defamation, libel, slander, or any related complaint. This Agreement can be used as a defence against any such claim.
(13) INDEMNITY
(13.1) Each Party hereby respectively indemnifies and keeps indemnified the Mediator against any claims that may be brought by or on behalf of the Party due to any act or omission by the Mediator in relation to the Mediator's participation in the Mediation under the terms of this Agreement, except in the event that the act or omission is fraudulent or illegal.
(14) CONFIDENTIALITY AND PRIVILEGE
(14.1) The Parties acknowledge and agree that disclosures may be made during the Mediation, in a genuine attempt to resolve the Dispute. Any Party making such disclosures during the Mediation should not be disadvantaged in later proceedings (such as arbitration or court proceedings) as a result of those disclosures, which is why confidentiality is important to the Mediation.
(14.2) The Parties and the Mediator agree that the Mediation is confidential.
(14.3) The Parties and the Mediator will not disclose any confidential information which they have obtained through the Mediation, with any person who was not present at the Mediation, except:
(14.3.1) If required to do so by law;
(14.3.2) If the disclosure is to obtain professional advice, and the person receiving the confidential information is notified that the information is confidential and agrees to keep it confidential; or
(14.3.3) If the Party that disclosed the confidential information during the Mediation gives their permission.
(14.4) In the event that a Party provides information to the Mediator in confidence (such as during a private meeting) the Mediator agrees to keep that information confidential and to refrain from sharing that information with any other Party, unless the Party providing that information agrees that the Mediator may disclose it.
(14.5) Any person(s) other than the Parties who are in attendance at the Mediation (such as legal professionals or other advisors) must also agree that the Mediation will be confidential, and must be ready to sign a confidentiality undertaking if directed to do so by the Parties or the Mediator.
(14.6) Notwithstanding the previous sub-clauses of this "Confidentiality and Privilege" clause, in any arbitration or court proceedings, any information of the types described below will be kept confidential and will be privileged ("Privileged Information"):
(14.6.1) Any concessions, admissions or statements made by any Party;
(14.6.2) Any documents or statements made by the Mediator;
(14.6.3) Any proposal to settle the Dispute;
(14.6.4) The fact that any Party has demonstrated a willingness to consider a settlement proposal.
(14.7) The Privileged Information will not be admissible in any court proceedings or arbitration.
(14.8) The Parties and the Mediator will keep the Privileged Information confidential and will not disclose it or rely on it outside of the Mediation, and will not issue any subpoena or cause any subpoena to be issued to give evidence or produce documents relating to the Privileged Information.
(15) TERMINATION
(15.1) Although the ultimate goal is for the Parties to complete the Mediation and resolve their Dispute, the Mediation is entirely voluntary. The Mediation may be terminated if:
(15.1.1) The Parties execute a written settlement agreement in relation to the Dispute;
(15.1.2) Any Party wishes to withdraw from the Mediation;
(15.1.3) The Mediator determines that a collaborative resolution will not be possible; or
(15.1.4) The Parties and the Mediator together wish to terminate the Mediation.
(15.2) Upon the termination of the Mediation, the Mediator will destroy or return to the Party that initially provided them, any documents or information except for this Agreement, any settlement agreement, and the Mediator's notes from the Mediation.
(16) SETTLEMENT AGREEMENT
(16.1) In the event that the Parties reach an agreement regarding the settlement of the Dispute, they may execute a settlement agreement setting out the terms on which they will settle the Dispute ("Settlement Agreement").
(16.2) Subject to the terms of the Settlement Agreement, the Settlement Agreement may be legally binding, and any Party may be free to enforce the Settlement Agreement.
(17) CONTACT DETAILS
The contact details for the Parties and the Mediator are as follows:
________
Phone: ________
Email: ________
________
Phone: ________
Email: ________
________
Phone: ________
Email: ________
EXECUTED AS AN AGREEMENT THIS ________
Signed by ________:
____________________________________
________
In the presence of:
____________________________________
Witness Signature
____________________________________
Witness Name
____________________________________
Witness Occupation
____________________________________
____________________________________
Witness Address
Signed by ________:
____________________________________
________
In the presence of:
____________________________________
Witness Signature
____________________________________
Witness Name
____________________________________
Witness Occupation
____________________________________
____________________________________
Witness Address
Signed by ________:
____________________________________
________
In the presence of:
____________________________________
Witness Signature
____________________________________
Witness Name
____________________________________
Witness Occupation
____________________________________
____________________________________
Witness Address
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