EXAMPLE MEDIATION AGREEMENT
THIS AGREEMENT is between
1) Party A
2) Party B
3) J E Price Limited T/a J E Price Associates Willington Rise, Common Lane, Kelsall, Tarporley, Cheshire. CW6 OPY (Mediator)
4) To be advised (The Pupil Mediator)
AGREEMENT
- The Parties agree to use their best endeavours to resolve the dispute by mediation and to the appointment of Mr John Price as Mediator and Mr as Pupil Mediator.
- Those attending the Mediation will be
…………………………………………………………………………………………………………
for
…………………………………………………………………………………………………………
and
…………………………………………………………………………………………………………
for
…………………………………………………………………………………………………………
- The persons attending with full authority to settle the dispute are ………………………………………………………………… for ………………………………………………………………… and
………………………………………………………………… for ………………………………………………………………… .
- The Mediation will commence at 10.00 am on the
day of
200 at the offices of J E Price Associates.
- On a date to be agreed by the parties or, if no prior date
is agreed, on the day 7 days prior to the Mediation, the Parties
will submit to the Mediator and will simultaneously exchange
copies of brief written position statements and relevant
background documentation. If either party wishes to send the
mediator, in addition, a confidential position statement they
may do so. If possible the parties' representatives will agree a
joint set of documents.
- Procedure at the Mediation will be determined by the Mediator, in consultation with the Parties.
CONCLUSION OF THE MEDIATION
-
The Mediation will continue during the day(s) agreed until
agreement is reached or one of the Parties withdraws from the
Mediation or the Mediator is of the view that further efforts
at mediation would not be worthwhile.
-
If the Parties require and the Mediator agrees that this would
be helpful, the Mediator may produce for the Parties a written
report of the case with recommendations on terms of
settlement. This will not constitute an attempt to anticipate
what a court might order but rather the Mediator's suggestions
as to the settlement terms which are considered appropriate in
all the circumstances.
SETTLEMENT
9.1 If an agreement is reached
between the Parties, Heads of Agreement will if appropriate and
required by the Parties be prepared and signed by the Parties. No
agreement as to the terms of any settlement reached during the
Mediation shall be legally binding unless and until it is reduced
to writing and signed by the Representatives for and on behalf of
the Parties. The Parties shall however be legally bound by any
settlement so reduced in writing and signed and undertake to give
effect to such settlement in accordance with its terms.
9.2 All Parties reserve their respective rights should the Mediation not result in a settlement agreement being reached between them.
CONFIDENTIALITY
10.1 By taking part in the Mediation the Parties undertake to each
other and agree that:
(i) the entire Mediation is and will be kept confidential, save
for the fact that the mediation is to take place or has taken
place.
(ii) the Parties, the Representatives and their advisers and the
Mediator shall keep all statements and all other matters whether
oral or written including any settlement agreement relating to the
Mediation confidential except insofar as disclosure is necessary
to implement and enforce such settlement agreement.
(iii) the entire process of the Mediation shall be treated as
privileged and will be conducted on the same basis as without
prejudice negotiations in an action in the courts or similar
proceedings. All documents, submissions and statements made or
produced for the purposes of the Mediation, whether oral or
written, shall be inadmissible and not subject to discovery in any
arbitration, legal or similar proceedings except that evidence
which is otherwise admissible or discoverable shall not become
inadmissible or non-discoverable by reason of its use in
connection with this Mediation.
10.2 Paragraph 10.1 shall not apply, if and to the extent that:-
• all
parties consent to the disclosure; or
• the Mediator is required under the
general law to make disclosure; or
• the Mediator reasonably considers that
there is a serious risk of significant harm to the life or safety of any
person if the information in question is not disclosed; or
• the Mediator
reasonably considers that there is a serious risk of his/her being subject to
criminal proceedings unless the information in question is disclosed.
10.3 The Mediator may not act for either Party individually in any
capacity with regard to the subject matter of the Mediation and
the Parties acknowledge that in acting under this agreement the
Mediator is not representing or giving legal advice to, nor
assessing, upholding or protecting (or attempting to asses, uphold
or protect), any rights of any of the Parties. The Parties are
encouraged to take legal advice in respect to all matters
pertaining to the Mediation and any agreement reached.
10.4 Neither Party may have access to the Mediator's notes or call
the Mediator as witness in any proceedings relating to any of the
issues between them and the Mediator's opinion will be
inadmissible in any subsequent proceedings which may take place
between the Parties concerning the subject matter of the
Mediation.
10.5 There shall be no formal record or transcript of the
mediation.
COSTS
-
Unless the Parties otherwise agree, the fees and expenses of
the Mediation as well as any other administrative expenses of
the Procedure will be borne by the Parties in equal shares.
Until payment is received in full the parties shall be jointly
and severally responsible for all the mediator’s fees and
expense. Each Party will also pay its own expenses of
individual representation in the Mediation. Fees and expenses
are to be paid by not later than 7 days prior to the date of
the mediation.
EXCLUSION OF LIABILITY
12.1 Neither the mediator nor J E Price Associates shall be
liable to the Parties or either/any of them for any act or
omission whatsoever in connection with the services to be
provided.
12.2 The
parties shall indemnify the mediator and J E Price Associates in respect of
any actions brought by third parties as a result of J E Price acting as
mediator.
GENERALLY
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In clauses 10 and 12 of this agreement the term "Mediator" shall be deemed to include the Pupil Mediator, and those clauses will be construed and apply accordingly.
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Nothing in this contract confers or purports to confer on any third party any benefit or any right to enforce any terms of this contract and no term of this agreement may be enforced solely by virtue of Section 1 of the Contracts (Rights of Third Parties) Act 1999.
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Notwithstanding anything to the contrary and without prejudice
to any provision in this Agreement whereby liability is
excluded or limited to a lesser amount, the liability of
J E Price/J E Price Ltd t/a J E Price Associates (JEPA) under
or in connection with this Agreement whether in contract or in
tort, in negligence, for breach of statutory duty or otherwise
shall not exceed the amount, if any, recoverable by JEPA by
way of indemnity against the claim in question under
professional indemnity insurance taken out by JEPA and in
force at the time that the claim, or if earlier circumstances
that may give rise to the claim, is or are reported to the
insurers in question.
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This agreement shall be governed by and construed in accordance with English law, under the jurisdiction of the English Courts.
Dated this day of
200
.
SIGNED :
for and on behalf of Party A
SIGNED :
for and on behalf of Party B
SIGNED :
by the Mediator
SIGNED :
by the Pupil Mediator
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