Mediation Agreement
(Date for Mediation Meeting settled)
PARTIES:
Party Address Referred to as
XYZ 23 Any Street Party A
Anytown
SWetc
ABC 23 Any Street Party B
Anytown
SWetc
Party A and Party B Are collectively referred
to as Parties
JAMES SAVORY Purdy House Mediator
Wickmere
Norwich
NR11 7LU
Assistant Mediator
BACKGROUND:
The Parties have a dispute concerning [describe dispute] [and proceedings were
commenced [details]], (the “Dispute”).
The Parties have agreed to try to settle the Dispute by mediation, to hold a meeting
with the Mediator at 0930 on [ ] at [ ] (the “Mediation Meeting”) and to enter
into this agreement.
Mediation is a voluntary process which none of the parties is compelled to
participate in, nevertheless, each party confirms to each other that it is participating
in mediation in good faith and with the intention of finding a settlement of the
Dispute and will ensure that the representatives it sends to the Mediation Meeting
have full authority to negotiate and agree to a settlement.
AGREEMENT CONCERNING MEDIATION
1. Appointment, powers, duties and fees of Mediator
1.1. The Parties appoint James Savory to be their mediator for the Dispute.
1.2. The Mediator will act throughout the mediation as an independent impartial
neutral facilitator.
1.3. To enable the Mediator to fulfil this role the Parties agree that the Mediator
will determine the procedure during the Mediation and that this procedure
may include:
1.3.1.1. Meetings or discussions with any of the Parties or their
advisers before or after the Mediation Meeting and
1.3.1.2. Private meetings with any Party, any adviser or any
combination of these during the Mediation Meeting
1.4. The Mediator will:
1.4.1. Read the summaries and documents sent to him under clause 2
1.4.2. Maintain the confidentiality of all information provided to him by the
Parties in accordance with clause 4
1.4.3. Assist the Parties in drawing up any settlement agreement
1.4.4. Not act for any of the Parties in relation to any aspect of the Dispute
1.5. The Mediator’s fees are borne by the parties equally and are payable, in the
case of the fee for the Mediation Meeting, 7 days before the Mediation
Meeting, and otherwise within 14 days of invoicing. Fee charges are at the
rate of:
1.5.1. £xxx for the Mediation Meeting until 1930 and at the rate of £xxx per
hour thereafter
1.5.2. £xxx per hour for work preparatory to the Mediation Meeting, after
the first 5 hours
1.5.3. £xxx per hour for work following the Mediation Meeting
2 Prior to the Mediation Meeting
2.1 Each Party will exchange with the other and send to the Mediator at least one
week before the Mediation Agreement:
2.1.1 A concise Summary (the “Summary”) which states its case in the
Dispute and which may outline what it hopes to achieve in the
mediation.
2.1.2 A bundle of supporting documents to which it refers in the Summary
or which it intends to refer to during the Mediation Meeting.
2.2 Save in very unusual circumstances the Summary will be no more than 10
pages and will identify and distil the real issues between the Parties.
Similarly, the supporting documents will be unlikely to be more than 100
pages and the Parties agree, so far as possible, to highlight or otherwise
identify key passages.
2.3 The Parties understand that the fee for the Mediation Meeting includes five
hours of preparation time and that the Mediator may charge for any
preparation time over the five hours.
3 The Mediation Meeting
3.1 No notes, transcript or other records will be made of the Mediation Meeting.
3.2 Any Settlement Agreement reached during the Mediation Meeting or
afterwards will not be legally binding unless and until it has been produced
in writing and has been signed by or on behalf of the Parties to be bound by
it.
4 Confidentiality etcetera
4.1 All documents or other material and other information produced for, or
arising out of or in connection with Mediation is without prejudice,
privileged and not admissible as evidence or disclosable in any litigation,
arbitration or other proceedings unless such documents, material or
information is admissible or disclosable otherwise than on the basis of having
been created for or produced during the Mediation.
4.2 Every person involved in the Mediation will keep confidential and will not
use for any collateral or ulterior purpose:
4.2.1 All documents, material or other information produced for or given in
the course of or arriving in relation to the Mediation.
4.2.2 The fact that the Mediation is to take place or has taken place.
4.2.3 The fact of and the terms of any Settlement Agreement made in the
course of the Mediation.
4.3 Clauses 4.1 and 4.2 shall not apply:
4.3.1 If the Parties consent to the disclosure.
4.3.2 To the extent that any Party is under a legal obligation to disclose that
information.
4.3.3 To the Mediator if the Mediator reasonably considers that there is a
risk of significant harm to the life or safety of any person if the
information in question is not disclosed.
4.3.4 If the Mediator reasonably considers that there is a serious risk of him
being subject to criminal proceedings unless the information in
question is disclosed.
4.4 None of the Parties will call, nor seek to compel the attendance of the
Mediator as a witness, consultant, arbitrator or expert in any litigation,
arbitration or other proceedings relating to the dispute or its settlement,
including as to the terms, circumstances, etcetera of any Settlement
Agreement.
5 Start and End of Mediation
5.1 The Mediation begins with the signing of this Mediation Agreement or, if
earlier, with the exchange of information or carrying out of any other steps to
implement this Mediation Agreement.
5.2 The Mediation ends when any of the following events occur:
5.2.1 A Party withdraws from the Mediation by giving written notice of
withdrawal to the Mediator and to each of the other Parties.
5.2.2 The Mediator decides that continuing the Mediation is unlikely to
result in a Settlement or that is undesirable or inappropriate for any
other reason to continue with the Mediation.
5.2.3 The Mediator decides he/she should retire for any reason.
5.2.4 The Mediation meeting comes to an end and any of the Parties give
notice to the Mediator and to the other Parties that it wishes the
Mediation to come to an end.
5.3 The withdrawal of any Party from the Mediation under clause 5.2 does not
prevent the remaining Parties continuing the Mediation as regards the
dispute between them.
6 Miscellaneous
6.1 English law governs this Mediation Agreement and the courts of England
have exclusive jurisdiction to settle any claim, dispute or difference, which
may arise out or in connection with this Mediation Agreement or the
Mediation.
6.2 Neither this Mediation Agreement nor the Mediation affects or impairs the
rights of the Parties under the Human Rights Act or under the European
Convention of Human Rights. If the dispute is not settled during the
Mediation, the Parties’ rights to a fair trial remain unaffected.
6.3 The Mediator is not liable to the Parties for any act or omission in connection
with the services provided by him/her or in relation to the Mediation unless
the act or omission is fraudulent or involves wilful misconduct.
Signed
On behalf of Party A date
On behalf of Party B date
On behalf of the Mediator date