SAMPLE MEDIATION AGREEMENT
When a mediator has been engaged and a date for the mediation has been set the parties will be asked to sign a 'Mediation Agreement'. The terms may be the subject of discussion, but generally an agreement will be in the following form:
MEDIATION AGREEMENT
This Agreement is made on ....................................
Between:
(1) Party Name(s) "Claimant(s)":
of Party Address:
"Claimant(s)"
and
(2) Party Name (s) "Respondent(s)":
of Party Address:
This Agreement shall be governed by the law of ...............................
Article 1. Definitions and Interpretation
In these Rules, the following terms shall have the meaning hereby assigned to them:
“Arbitration”
A third-party making process in which the Arbitrator renders a Final and Legally Binding Award.
“Mediation”
A joint decision-making process, facilitated by the Mediator, with the aim of assisting the parties in reaching a Negotiated Settlement.
“Mediator(s)”
The person who has been nominated by Prime Dispute to facilitate a Mediation between the parties. A Mediator can refer to "One" or "More" individuals if the parties require specific skills/ knowledge to assist the process.
"Med-Arb:
Refers to a two-stage dispute resolution mechanism consisting of Mediation followed by Arbitration.
“Negotiated Settlement”
An agreement reached by the Parties in Mediation,which solves the dispute.
“Party or Parties”
The Claimant and Respondent.
“Rules”
Prime Dispute Mediation Rules or such amended Rules as Prime Dispute may have adopted.
“Schedule”
The extant ‘Schedule of Fees for all Cases' at the commencement of the Mediation, as amended from time to time by Prime Dispute.
“Prior Agreement”
An existing agreement to Mediation under the Rules.
"Claimant(s)"
An individual(s) who asks for something that they believe belongs to them or that they have a right to.
"Respondent(s)”
The individual(s) against whom the case is filed.
“Case Officer”
The individuals who will administer your Request for Mediation.
“Request”
Completed Application form which includes; the nature of the dispute, the value of claim if relevant, including a copy of the Prior Agreement, the names, contact details of the parties to the Med-Arb or similar, and of their legal representatives (if known) and the dispute resolvers proposed (if any, with clear reasons) by the party or parties requesting the Med-Arb or similar.
“GMT”
Greenwich Mean Time
“VAT”
Value Added Tax
“Selection Criteria”
Any specific criteria relating to the choice of Mediator such as; designation, experience, industry, language, knowledge or skills.
“Designations”
Prime Dispute Membership Designations; APD (Advocate Prime Dispute), MPD (Member Prime Dispute), FPD (Fellow Prime Dispute).
"PII"
Professional Indemnity Insurance
"Without Prejudice"
Without detriment to any existing right or claim.
1. Remits of the Mediation
1.1 The parties, having agreed to try to settle their dispute by mediation agree, acknowledge and accept the following:
(a) that "Prime Dispute's Mediation Rules" may be adopted or the mediation will be determined by the Mediator who shall be a Fellow (FPD) or the parties shall decide;
(b) that the process is voluntary and either party may withdraw from the mediation at any time;
(c) that the Mediator may withdraw from the mediation should they determine it impossible or impracticable for them to continue;
(d) that before the commencement of the mediation, each party shall nominate one individual at the mediation who shall have the full authority to agree to a settlement at the mediation;
(e) that the process is confidential and without prejudice;
(f)that the Mediator shall not provide any legal advice in relation to the dispute(s) or the terms of any settlement reached;
(g) that should a settlement agreement be achieved, the parties will be fully responsible for drawing up a suitable form of written settlement agreement; and
(h) that the Mediator shall confirm time in accordance with GMT.
2. Med-Arb Process
2.1 The parties agree if the Mediation is not resolved then they have the following options:
(a) should all the parties to the dispute, agree that the existing Mediator has the requisite skills to also act in the capacity of an arbitrator, then the mediator shall become the arbitrator on the same dispute. The Mediator/ Arbitrator shall inform Prime Dispute in writing;
(b)should either party not agree that the same Mediator should be appointed as the arbitrator, either party may contact the Case Officer at Prime Dispute (in writing) to appoint/nominate an arbitration under the same 'Case Submission Fee' originally submitted.
2.2 Prime Dispute may request the parties to complete a fresh application 'request'. If not stipulated, the seat of the Arbitration shall be London, England and the parties will adopt one of the following:
(a) the Arbitration Act 1996 and any rules chosen by the Med-Arb or parties;
(b) UNICTRAL rules;
(c) Prime Dispute Arbitration Rules;
(d) Other, if agreed by all parties to the dispute.
3. Confidentiality Clause
3.1 The parties shall make no transcript or record of the Mediation, this includes non-electronic and electronic records;
3.2 Any material produced during the Mediation is to be treated as privileged and neither disclosable nor admissible in evidence in any subsequent proceedings, other than where it would otherwise have been disclosable or admissible:
(a) neither party shall ask the mediator to provide a witness statement relating to the dispute(s) or the Mediation;
(b) neither party shall call the Mediator as a witness in any proceedings arising from or in connection with the dispute or the Mediation.
3.3 All individuals in the Mediation will ensure all information remains confidential, unless:
(a) the information is required by a court of competent jurisdiction or other competent public authority;
(b) the Mediator is concerned and feels if the information is not disclosed, it may affect the safety of any individual or where the failure to disclose information might lead to the Mediator(s) becoming the subject of criminal proceedings.
4. Mediator’s Fees
4.1 The parties shall be jointly and severally liable for the Mediator's costs, fees and expenses, until all such sums have been paid in full. Changes may be subject to VAT.
4.2 Please refer to 'Schedule of fees for all Cases - Dispute Resolver(s) Fees' if the case was administered by Prime Dispute.
5. Prime Dispute and Mediator(s) Liability
5.1 Neither Prime Dispute (LTD); President; Vice President, Trustees, Directors, Case Officers, Employees, Consultants, APD, MPD, FPD or the Mediator(s) shall be under any legal obligation to make any statements to any person about any matter concerning the Mediation, nor shall any party seek to make any of these persons a witness in any legal or other proceedings arising out of the mediation or Request for Mediation.
5.2 The Mediator(s) will ensure they have the appropriate PII before they accept to proceed with the mediation.
5.3 No Member of Prime Dispute shall knowingly bring Prime Dispute or its brand into disrepute. If a client feels a member of Prime Dispute has inadvertently impacted negatively on the reputation or brand value of Prime Dispute they should bring it to the attention of the Director or Prime Dispute at the earliest opportunity.
5.4 Neither party will make a claim of any kind against the Mediator arising from or in connection with (whether directly or indirectly) the mediation and/or any settlement achieved and will indemnify the mediator against any legal action that might be brought by any third party for any act or omission in connection with the mediation.
6. Language of the Mediation
6.1 The language in which the Mediation shall be conducted is English or ......................... However, if all other Parties and the Mediator agree otherwise, any Party producing documents or participating in the Mediation in any other language shall, at that Party’s expense, provide the necessary translations and interpreters.
SIGNED by the Claimant(s):
Name (Printed):
Date:
SIGNED by the Respondent(s):
Name (Printed):
Date:
When a mediator has been engaged and a date for the mediation has been set the parties will be asked to sign a 'Mediation Agreement'. The terms may be the subject of discussion, but generally an agreement will be in the following form:
MEDIATION AGREEMENT
This Agreement is made on ....................................
Between:
(1) Party Name(s) "Claimant(s)":
of Party Address:
"Claimant(s)"
and
(2) Party Name (s) "Respondent(s)":
of Party Address:
This Agreement shall be governed by the law of ...............................
Article 1. Definitions and Interpretation
In these Rules, the following terms shall have the meaning hereby assigned to them:
“Arbitration”
A third-party making process in which the Arbitrator renders a Final and Legally Binding Award.
“Mediation”
A joint decision-making process, facilitated by the Mediator, with the aim of assisting the parties in reaching a Negotiated Settlement.
“Mediator(s)”
The person who has been nominated by Prime Dispute to facilitate a Mediation between the parties. A Mediator can refer to "One" or "More" individuals if the parties require specific skills/ knowledge to assist the process.
"Med-Arb:
Refers to a two-stage dispute resolution mechanism consisting of Mediation followed by Arbitration.
“Negotiated Settlement”
An agreement reached by the Parties in Mediation,which solves the dispute.
“Party or Parties”
The Claimant and Respondent.
“Rules”
Prime Dispute Mediation Rules or such amended Rules as Prime Dispute may have adopted.
“Schedule”
The extant ‘Schedule of Fees for all Cases' at the commencement of the Mediation, as amended from time to time by Prime Dispute.
“Prior Agreement”
An existing agreement to Mediation under the Rules.
"Claimant(s)"
An individual(s) who asks for something that they believe belongs to them or that they have a right to.
"Respondent(s)”
The individual(s) against whom the case is filed.
“Case Officer”
The individuals who will administer your Request for Mediation.
“Request”
Completed Application form which includes; the nature of the dispute, the value of claim if relevant, including a copy of the Prior Agreement, the names, contact details of the parties to the Med-Arb or similar, and of their legal representatives (if known) and the dispute resolvers proposed (if any, with clear reasons) by the party or parties requesting the Med-Arb or similar.
“GMT”
Greenwich Mean Time
“VAT”
Value Added Tax
“Selection Criteria”
Any specific criteria relating to the choice of Mediator such as; designation, experience, industry, language, knowledge or skills.
“Designations”
Prime Dispute Membership Designations; APD (Advocate Prime Dispute), MPD (Member Prime Dispute), FPD (Fellow Prime Dispute).
"PII"
Professional Indemnity Insurance
"Without Prejudice"
Without detriment to any existing right or claim.
1. Remits of the Mediation
1.1 The parties, having agreed to try to settle their dispute by mediation agree, acknowledge and accept the following:
(a) that "Prime Dispute's Mediation Rules" may be adopted or the mediation will be determined by the Mediator who shall be a Fellow (FPD) or the parties shall decide;
(b) that the process is voluntary and either party may withdraw from the mediation at any time;
(c) that the Mediator may withdraw from the mediation should they determine it impossible or impracticable for them to continue;
(d) that before the commencement of the mediation, each party shall nominate one individual at the mediation who shall have the full authority to agree to a settlement at the mediation;
(e) that the process is confidential and without prejudice;
(f)that the Mediator shall not provide any legal advice in relation to the dispute(s) or the terms of any settlement reached;
(g) that should a settlement agreement be achieved, the parties will be fully responsible for drawing up a suitable form of written settlement agreement; and
(h) that the Mediator shall confirm time in accordance with GMT.
2. Med-Arb Process
2.1 The parties agree if the Mediation is not resolved then they have the following options:
(a) should all the parties to the dispute, agree that the existing Mediator has the requisite skills to also act in the capacity of an arbitrator, then the mediator shall become the arbitrator on the same dispute. The Mediator/ Arbitrator shall inform Prime Dispute in writing;
(b)should either party not agree that the same Mediator should be appointed as the arbitrator, either party may contact the Case Officer at Prime Dispute (in writing) to appoint/nominate an arbitration under the same 'Case Submission Fee' originally submitted.
2.2 Prime Dispute may request the parties to complete a fresh application 'request'. If not stipulated, the seat of the Arbitration shall be London, England and the parties will adopt one of the following:
(a) the Arbitration Act 1996 and any rules chosen by the Med-Arb or parties;
(b) UNICTRAL rules;
(c) Prime Dispute Arbitration Rules;
(d) Other, if agreed by all parties to the dispute.
3. Confidentiality Clause
3.1 The parties shall make no transcript or record of the Mediation, this includes non-electronic and electronic records;
3.2 Any material produced during the Mediation is to be treated as privileged and neither disclosable nor admissible in evidence in any subsequent proceedings, other than where it would otherwise have been disclosable or admissible:
(a) neither party shall ask the mediator to provide a witness statement relating to the dispute(s) or the Mediation;
(b) neither party shall call the Mediator as a witness in any proceedings arising from or in connection with the dispute or the Mediation.
3.3 All individuals in the Mediation will ensure all information remains confidential, unless:
(a) the information is required by a court of competent jurisdiction or other competent public authority;
(b) the Mediator is concerned and feels if the information is not disclosed, it may affect the safety of any individual or where the failure to disclose information might lead to the Mediator(s) becoming the subject of criminal proceedings.
4. Mediator’s Fees
4.1 The parties shall be jointly and severally liable for the Mediator's costs, fees and expenses, until all such sums have been paid in full. Changes may be subject to VAT.
4.2 Please refer to 'Schedule of fees for all Cases - Dispute Resolver(s) Fees' if the case was administered by Prime Dispute.
5. Prime Dispute and Mediator(s) Liability
5.1 Neither Prime Dispute (LTD); President; Vice President, Trustees, Directors, Case Officers, Employees, Consultants, APD, MPD, FPD or the Mediator(s) shall be under any legal obligation to make any statements to any person about any matter concerning the Mediation, nor shall any party seek to make any of these persons a witness in any legal or other proceedings arising out of the mediation or Request for Mediation.
5.2 The Mediator(s) will ensure they have the appropriate PII before they accept to proceed with the mediation.
5.3 No Member of Prime Dispute shall knowingly bring Prime Dispute or its brand into disrepute. If a client feels a member of Prime Dispute has inadvertently impacted negatively on the reputation or brand value of Prime Dispute they should bring it to the attention of the Director or Prime Dispute at the earliest opportunity.
5.4 Neither party will make a claim of any kind against the Mediator arising from or in connection with (whether directly or indirectly) the mediation and/or any settlement achieved and will indemnify the mediator against any legal action that might be brought by any third party for any act or omission in connection with the mediation.
6. Language of the Mediation
6.1 The language in which the Mediation shall be conducted is English or ......................... However, if all other Parties and the Mediator agree otherwise, any Party producing documents or participating in the Mediation in any other language shall, at that Party’s expense, provide the necessary translations and interpreters.
SIGNED by the Claimant(s):
Name (Printed):
Date:
SIGNED by the Respondent(s):
Name (Printed):
Date:
