Mediation Agreement

MEDIATION AGREEMENT

THIS MEDIATION AGREEMENT is made on ________ by the following:

________, of the following address:

________

AND

________, of the following address:

________

The Parties may individually referred to as (the "Party" which expression shall where the context so admits include its successors-in-title and assigns) and collectively referred to as the "Parties".

BACKGROUND

A. The Parties have entered into a legal relationship properly described in this Agreement, and agree to settle any dispute arising from their legal relationship through mediation.

B. The Parties also agree to refer their matter to arbitration if they are unable to resolve their disputes through mediation.

Therefore, in consideration of the promises and covenants hereinafter contained in this Agreement, as well as other valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby agree as follows:

1. LEGAL RELATIONSHIP

The Parties have agreed to enter a legal relationship which is described as follows:

________

This legal relationship is entered by virtue of the following contract: ________, which was executed on ________.

2. MEDIATION

The Parties agree that if any dispute arise from their legal relationship, such dispute will be resolved by mediation. The Parties acknowledge that the process is voluntary and either Party may withdraw from the process at anytime.

The Parties understand that the Mediator shall not provide any legal advice or counsel in relation to the matter in dispute, but each Party is advised to obtain their own counsel from an attorney.

The Mediator does not provide a ruling on any matter, but assists the Parties to reach a collaborative resolution. The Parties agree that if they are unable to reach a conclusive settlement, the same matter may be referred to arbitration.

3. THE MEDIATOR

The Parties agree to mediate their dispute with an independent party, known as (the "Mediator"). The Mediator is a neutral third party that will facilitate dialogue between the Parties to reach a mutual settlement. The Mediator shall help the Parties both privately and collectively to recognize the issues in dispute, make a settlement, and mutually accept the settlement.

The Parties shall appoint a Mediator to settle their disputes.

The Mediator shall be responsible for the following:

(I) determining the most appropriate and acceptable structure of the mediation process for the Parties;

(II) holding private sessions with the Parties if required;

(III) discussing and explaining the mediation proceedings and process with the Parties and their legal representatives;

(IV) requesting any document, material witness, experts, or other material required during the mediation;

(V) assisting Parties to reach a mutual and amicable settlement.

4. FEES

The Mediator shall receive the sum of ________ (________) (The "Fees") as compensation.

The Parties shall be individually responsible for the payment of remuneration to the Mediator. The fees will be split evenly among all the Parties.

5. MEDIATION PROCEEDING

The Parties may be represented by legal practitioners in the mediation proceeding. The legal representatives shall provide legal counsel or advice to the Party they are representative, negotiate or execute a binding settlement agreement on behalf of the Party being represented, and encourage amicable and mutual settlement between the Parties.

Experts, professionals, and witnesses may be required and accepted in the mediation process. All parties involved in the mediation process, including experts, professionals, witnesses shall be bound by the rules of confidentiality under this Agreement.

The mediation process shall take place at the following venue: ________.

The Mediator shall determine the procedure of the mediation proceedings.

The mediation proceeding shall be conducted in English language. If either of the Parties agrees otherwise, that Party shall, with the consent of the other Party, participate in the mediation proceeding in any other language provided that the Party provides an interpreter at their own expense.

In the event that the Parties are unable to resolve their dispute or reach a mutual settlement through mediation, the matter shall be referred to arbitration.

6. CONFLICT OF INTEREST

The Mediator is expected to act independently and execute their duties fairly according to the rules and code of ethics of the Mediator's profession and shall not engage in any activity or transaction that poses conflicts of interest. The Mediator shall not have any direct or indirect relationship, whether past or present, with any of the Parties whether in a professional, financial or other capacity.

In any case or event, the Mediator must disclose or report any possible conflict of interest to the Parties.

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9. CONFIDENTIALITY

The entire mediation process and the outcome of the mediation are strictly confidential. Therefore, the Parties, Mediator, professionals, experts, and other parties that are involved in the mediation shall maintain the confidentiality of the process. The parties shall not disclose documents, materials, or other information regarding the mediation, dispute, or settlement.

Any material or document presented during the mediation process shall be treated as confidential and shall not admissible in any other proceeding, except

(I) it is held admissible by any law, regulation, or court of law;

(II) the documents or materials would have been available for discovery in an arbitration or litigation proceedings;

(III) the document or information is required to perform a legal obligation.

Neither of the Parties shall call the Mediator or a witness to the mediation proceeding to give testimony of the mediation process, except such testimony is required by a court of law.

This confidentiality obligation shall continue to apply to the parties involved in the mediation during and after the conclusion of the mediation process and after the termination of this Agreement.

10. ARBITRATION

The Parties agree to use their best endeavours to negotiate and settle any dispute or difference of opinion between them, arising from or connected with this Agreement amicably.

Any dispute, which cannot be mutually resolved by the parties, shall be referred to arbitration in accordance with the provisions of the following arbitration rules: Arbitration and Conciliation Act, 2004 or any statutory re-enactment or modification thereof.

The tribunal shall consist of ________ arbitrators who shall be elected in the following manner:

________

The arbitration proceedings shall be held in: ________ and conducted in English language.

Each Party shall bear their own cost and expenses in relation to the arbitration proceedings except where an award has been made by the arbitrators for cost to be borne by a particular Party.

The decision of the arbitrators shall be final and binding on all the Parties and shall be enforced by any competent court.

11. ASSIGNMENT

This Agreement shall be binding on successors of the Parties. The rights granted under this Agreement shall not be transferred, sold, assigned, sub-leased to any party without the consent of the other Party.

12. MISCELLANEOUS

(I) Variation: This Agreement may be amended or varied by either of the Parties, and such variation must be agreed to and signed by the Parties to this Agreement. No delay or omission to exercise any right under this Agreement shall be construed as a waiver.

(II) Notices: All notices under this Agreement must be in writing. The notices shall either be delivered personally or mailed by a certified mail to the other Party's address.

(III) Headings: Headings in this Agreement are used for convenience ony and shall not be construed to limit or affect the terms of this Agreement.

(IV) Counterparts: This Agreement many be executed in counterparts, all of which constitutes one Agreement.

IN WITNESS WHEREOF the Parties hereto have executed this Agreement this day and year first written above.

SIGNED by ________

_______________________

in the presence of:

Name................................................................................................................

Address.............................................................................................................

Occupation........................................................................................................

Signature..........................................................................................................

SIGNED by ________

_______________________

in the presence of:

Name................................................................................................................

Address.............................................................................................................

Occupation........................................................................................................

Signature..........................................................................................................