Mediation Agreement

MEDIATION AGREEMENT
Mediation Number:            
Date of Agreement:           

PARTIES:

A. of ("Party A")

B. of ("Party B")
(collectively “the Parties”)

MEDIATOR:
("the Mediator")

DISPUTE:

Matters which are the subject of proceedings in Claim no Division, High Court of Justice (“the Dispute”).

The Parties have agreed to submit the Dispute to mediation by the Mediator under the terms of this agreement (“the Mediation”).

IT IS AGREED THAT:

1.       The Mediation will take place on the date, at the time and at the place set out in paragraph 1 of the attached schedule. (“Mediation Details”).                  

2.       The Parties will be represented at the Mediation as set out in paragraph 2 of the Mediation Details.

3.       Each Party will:

3.1     inform the Mediator and each other immediately if there is any change to their representatives and advisers or attendees at the Mediation

3.2     Ensure that at least one of its representatives has full and unlimited authority to negotiate, compromise and settle the Dispute on its behalf

3.3     Attempt to agree a bundle of relevant documents (“Documents Bundle”) and supply the Mediator with the Documents Bundle by the date shown on the Mediation Details.

3.4     Exchange with each other and supply the Mediator with a confidential mediation case summary (“Case Summary”) by the date set out in paragraph 3 of the Mediation Details.

4.       The solicitors to the Parties are liable for their respective client’s share of the costs of the Mediator and the costs of the Mediation in the same way as they are liable for the disbursements incurred in the course of litigation.

5.       The Mediator will:

5.1     Assist the Parties to compromise and resolve the Dispute

5.2     Determine procedure at the Mediation, in consultation with the Parties

5.3     Assist (if requested) in drawing up any settlement agreement

5.4     Decline hereafter to act for any Party in any capacity in connection with the Dispute

5.5     Maintain and respect the confidentiality of all information provided to him by the Parties, save as may be required by law, whether under the Proceeds of Crime Act 2002 and/or any Regulations relating thereto or otherwise.

6.       The Parties accept and agree that the Mediator acts as an independent contractor and not as an agent of, or in any capacity for, any Party, and that the Mediator has no personal or financial interest in the subject matter of the Dispute.

7.       No formal record or transcript of the Mediation shall be made. 

8.       If the Parties are unable to reach settlement during the Mediation, then if the Parties jointly request (and the Mediator agrees) the Mediator may provide a recommendation of possible terms of settlement, which shall not be binding upon the Parties.  In making any such recommendation, the Mediator may take into account such matters as he considers appropriate in the circumstances.

9.       No settlement agreement reached between the Parties as a result of the Mediation shall be legally binding until it has been reduced to writing and signed by or on behalf of the Parties. 

10.     The Mediation shall terminate when:

10.1    A written settlement agreement is executed by the Parties, or

10.2    A written notice of withdrawal is given by any Party, or

10.3    The time set for the Mediation has expired without agreement for continuation or resumption, or

10.4    The Mediator decides, and notifies the Parties, that continuing the Mediation is unlikely to result in a settlement, or is undesirable or inappropriate for any other reason.

11.      Everyone involved in any manner in the Mediation shall:

11.1    keep confidential and regard as privileged, and shall not use, any information of any nature produced for, or arising in connection with, the Mediation save:
•        As may be necessary to implement and/or enforce any settlement agreement and/or;
•        As may be required by law and/or;
•        To professional advisors, if strictly necessary and for bona fide reasons, and on the basis that the recipient is informed of the confidentiality of the information and agrees to maintain that confidentiality

11.2    Keep confidential and regard as privileged, and shall not use what happened and what was said at the Mediation and/or the terms of any settlement (unless the settlement agreement has its own confidentiality terms in which case those terms will prevail).

12.     All documents, correspondence or information (in any format) produced for or arising in connection with the Mediation will be treated as privileged, and shall not be admissible as evidence or be disclosable in any proceedings connected in any way with the subject matter of the Dispute, unless such documents or information would have been admissible or disclosable in any event.

13.     In no circumstances shall any Party or their advisers or representatives take any steps in any jurisdiction to require or compel the Mediator either to act as a witness in any proceedings connected in any way with the Mediation or the subject matter of the Dispute, or to disclose any documents or notes he may have prepared in connection with the Mediation.  The Mediator will not voluntarily act as a witness for, or advisor to, any of the Parties.

14.    
14.1    Subject to clause 14.2 below, each Party shall bear its own costs
          and expenses arising out of the Mediation and each Party will pay its share of the expenses and/or costs payable to the Mediator and to the Mediation venue.
         
14.2    If there is no settlement at the Mediation, each Party’s costs and expenses arising out of the Mediation and each Party’s share of the costs and expenses arising under clause 14.1 above are to be treated as costs in the case in any litigation or arbitration in which the court or arbitrator has the power to assess, or make orders as to, costs.

14.3    If any Party cancels the Mediation, the following proportion of the agreed fees will be payable:

14.3.1 If the cancellation is made less than 24 hours before the date of the Mediation, the full fees will be due and payable by each Party, without prejudice to a Party’s right to recover such sums from any Party it may consider to be at fault for the cancellation.

14.3.2 If the cancellation is made less than four working days before the date of the Mediation, half the fees will be due and payable by each Party, without prejudice to a Party’s right to recover such sums from any Party it may consider to be at fault for the cancellation.

15.     The Mediator shall not be liable to any Party or their representatives or advisers for any view expressed by him during or in connection with the Mediation or for any act or omission in connection with his conduct of the Mediation unless the view expressed or the act or omission is shown to have been in bad faith or in breach of this agreement.

16.     The Mediation and this agreement shall be governed by and construed in accordance with English law, and the High Court of Justice, London shall have exclusive jurisdiction to settle any claim, dispute or matter of difference which may arise out of or in connection with the Mediation and/or this agreement.

SIGNED:

for Party A
Solicitor for Party A

for Party B
Solicitor for Party B

The Mediator