Standard form agreements
Contact:
63 Goldstone Crescent
Brighton & Hove
BN3 6LR
MEDIATION AGREEMENT
|
THIS AGREEMENT |
dated |
IS MADE BETWEEN |
Party A
Party B
(together referred to as “the Parties”); and
Heather/Tony Allen of 63 Goldstone Crescent, Hove, BN3 6LR; (“the Mediator”);
in relation to a mediation to be held on at (“the Mediation”)
and in relation to a dispute between the Parties concerning (“the Dispute”)
IT IS AGREED by those signing this Agreement THAT:
The Mediation
1 The Parties agree to attempt in good faith to settle the Dispute at the Mediation and to conduct the Mediation in accordance with this Agreement and consistent with the CEDR Model Mediation Procedure current at the date of this Agreement.
Authority and status
2 The person signing this Agreement on behalf of each Party warrants having authority to bind that Party and all other persons present on that Party’s behalf at the Mediation to observe the terms of this Agreement, and also having authority to bind that Party to the terms of any settle
3 The Mediator undertakes to observe the CEDR Code of Conduct for Third Party Neutrals current at the date of this Agreement, but the Mediator shall not be liable to the Parties for any act or omission in relation to the Mediation unless the act or omission is proved to have been fraudulent or involved wilful misconduct.
4 Every person involved in the Mediation:
4.1 will keep confidential all information arising out of or in connection with the Mediation, including the fact and terms of any settlement, but not including the fact that the Mediation is to take place or has taken place or where disclosure is required by law, or to implement or to enforce terms of settlement or to notify their insurers, insurance brokers and/or accountants; and
4.2 acknowledges that all such information passing between the Parties and the Mediator, however communicated, is agreed to be without prejudice to any Party’s legal position and may not be produced as evidence or disclosed to any judge, arbitrator or other decision-maker in any legal or other formal process, except where otherwise disclosable in law.
5 Where a Party privately discloses to the Mediator any information in confidence before, during or after the Mediation, the Mediator will not disclose that information to any other Party or person without the consent of the Party disclosing it, unless required by law to make disclosure.
6 The Parties understand that the Mediator does not give legal advice and agree that they will not make any claim against the Mediator in connection with the Mediation. The Parties will not call the Mediator as a witness, nor require the Mediator to produce in evidence any records or notes relating to the Mediation, in any litigation,arbitration or other formal process arising from or in connection with their dispute and the Mediation; nor will the Mediator act or agree to act as a witness, expert, arbitrator or consultant in any such process. If any Party does make such an application, that Party will fully indemnify the Mediator in respect of any costs any of them incur in resisting and/or responding to such an application, including reimbursement at the Mediator’s standard hourly rate for the Mediator’s time spent in resisting and/or responding to such application.
7 No terms of settlement reached at the Mediation, or in any negotiations after the Mediation in which the Mediator is involved, will be legally binding unless and until set out in writing and signed by or on behalf of each of the Parties.
8 The Parties will be responsible for the fees and expenses of the Mediator (“the Mediation Fees”) in accordance with the Terms and Conditions of Business set out in www.allensmediate.com and paragraph 9 of this Agreement, which shall be payable no later than three days before the mediation (and no more than seven days after the Mediator renders an invoice for any additional hours if the Mediation extends beyond the hours allocated for it by prior agreement).
9 Unless otherwise agreed by the Parties in writing, each Party agrees to share the Mediation Fees equally and also to bear its own legal and other costs and expenses of preparing for and attending the Mediation (“each Party’s Legal Costs of the Mediation”) prior to the Mediation. However, each Party further agrees that any court or tribunal may treat both the Mediation Fees and each Party’s Legal Costs of ther Mediation as costs in the case in relation to any litigation or arbitration where that court or tribunal has power to assess or make orders as to costs, whether or not the Mediation results in settlement of the Dispute.
10 This Agreement is governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to decide any matters arising out of or in connection with this Agreement and the Mediation.
11 The referral of the dispute to the Mediation does not affect any rights that exist under Article 6 of the European Convention of Human Rights, and if their dispute does not settle through the Mediation, the Parties’ right to a fair trial remains unaffected.
Changes to this Agreement
12 All agreed changes to this Agreement and/or the Model Procedure are set out as follows:
Party A
Party B
Mediator
FACILITATION AGREEMENT (This may require substantial amendment depending on the nature of the facilitation)
Facilitation Agreement
WE
……………………………………………………….. (Participant A);
……………………………………………………….. (Participant B);
………………………………………………………. (Participant C); and
……………………………………………………….. (Participant D)
agree to a facilitation between us on ………….at……………as agreed by the Participants and the Facilitator.
We also agree to the following:
The Facilitator
Participants A, B, C, and D (jointly ‘the Participants’) agree that Heather/Tony Allen of 63 Goldstone Crescent,. Hove, BN3 6LR will be the Facilitator (‘the Facilitator’). The Participants understand and acknowledge that the Facilitator is independent, and does not give legal advice to the Participants, who agree that they will not make any claim against the Facilitator in connection with this Facilitation, or call the Facilitator as a witness to give evidence in any court action or other proceedings as to the content of any discussions during or in connection with the Facilitation (whether before or after the Facilitation day), nor ask to see any notes made by the Facilitator.
Private sessions
During the Facilitation, the Facilitator may speak to the Participants separately in order to improve the Facilitator’s understanding of each Participant’s view. Private information given to the Facilitator during such talks will be confidential unless the Participant involved allows the Facilitator to give the information to any other Participant or Participants.
Confidentiality
Any information that the Participants produce or receive - whether in a document prepared for the Facilitator or written or spoken during the facilitation - can only be used for the purpose of facilitation and cannot be referred to in any formal investigation or court action or other proceedings. This does not apply to any information which would in any event have been admissible or disclosable in any such proceedings or which is necessary to implement and enforce any settlement agreement arising out of the facilitation.
Attendees
All attendees agree to abide by the terms of this agreement, particularly the confidentiality of the process, and have signed below to confirm their agreement.
Ending the Facilitation
While it is hoped that all Participants will attend in good faith and in a co-operative spirit to work towards finding a resolution, facilitation is a voluntary process, and the Facilitator or any of the Participants may terminate the facilitation at any time.
Outcome
The Participants agree that they will record any mutually agreed outcomes in writing and sign the same as a true record of what they have agreed as a result of the Facilitation and intend to implement whether informally or by means of a formally drawn binding agreement with or without joint or separate legal advice. [They further agree that the document recording the agreed outcomes shall be sent to …………….immediately after the conclusion of the Facilitation.]
Dated……………………………………………..
Signed
Participant A ……………………………………………………………
Participant B…………………………………………………………….
Participant C…………………………………………………………….
Participant D……………………………………………………………
Facilitator……………………………………………………………….