Mediation Agreement

Agreement to Mediate

This Mediation agreement is between 

[1]

[2]

as “the Parties”, and hereinafter referred to as “the Mediator”. 

The Parties have agreed to enter into mediation with the intention of resolving issues related to their dispute.

The Parties have considered and read the following pre-mediation documentation;

1. This agreement
2. Mediation Timetable and Guidance
3. Code of Practice

It is agreed and understood;

1. The Parties understand that mediation is an agreement-reaching process in which a mediator assists parties to reach agreement in a collaborative, consensual and informed manner and that the Mediator has no power to decide disputed issues for the Parties. 
2. The Parties understand that the Mediator’s objective is to facilitate the Parties themselves reaching an agreement. The Parties also understand that the Mediator has an obligation to work on behalf of each Party equally and they agree that the Mediator, at his discretion, is entitled to express privately to either Party his view as to the reasonableness of that Party’s argument or of any proposal contemplated by the Party.
3. By signing this mediation agreement, the Parties demonstrate their good faith and their intention to work towards a completion of their mediation by an agreement. It is, however, understood that either Party may withdraw from or suspend the mediation at any time, for any reason.
4. The Mediator undertakes to inform the Parties immediately if there arise any circumstances in which s/he considers that her/his capacity to act impartially may be compromised.
5. The mediation shall be within 6 weeks of signing of the agreement.
6. The Parties understand that their representatives who attend the mediation must have that Party’s authority to settle the dispute. 
7. It is understood between the Parties and the Mediator that the mediation will be strictly confidential. Mediation discussions, written and oral communications, any draft resolutions, notes made in the course of the mediation and any unsigned mediated agreements shall not be admissible in any Court proceeding. Only a mediated agreement, signed by the Parties may be so admissible, with the agreement of the Parties. 
8. It is understood that confidentiality is subject to disclosure to HM Revenue & Customs, regulatory bodies, professional advisers or otherwise as may be required by law.
9. The mediation is considered by the Parties and the Mediator as settlement negotiations and the Parties agree to not call the Mediator to give evidence concerning the mediation or to provide any materials from the mediation in the Court proceedings between the Parties. In the event that either Party attempts, whether successfully or not, to require the Mediator to give evidence or produce documents relevant to the mediation in any subsequent Court or arbitral proceedings, that Party shall indemnify the Mediator against any costs, expenses or disbursements (including reasonable legal expenses) incurred by the Mediator in responding to such attempt.
10. No mediation agreement will be considered to be binding on the Parties unless and until the same has been reduced to writing and signed by or on behalf of the Parties. It is agreed that any representative who signs any mediation agreement does so on behalf of the Party, which he/she represents and has authority to, and does, bind that Party.
11. The Parties agree to be bound by the terms of the Cost Schedule and payment terms included therein. 
12. In the event that one or both parties have failed to make payment as required the mediation will be suspended for 7 days to permit payment, if payment remains outstanding the mediation agreement shall be rescinded and the parties shall be liable jointly and severally for a fee of £150 for administrative costs.
13. Each Party shall initially be responsible for its own costs of and in connection with the mediation, save that either Party may be at liberty to make application to the Court, in the course of the proceedings identified above, for an order in respect of payment of its costs of the mediation.
14. The Mediator shall issue a Certificate to both parties following the end of the mediation process which will confirm one of the following;
    1. A Mediation Session was Completed by both parties but an agreement was not reached
    2. A Mediation Session was Completed by both parties and full resolution was achieved
    3. A Mediation Session was Completed by both parties with partial resolution being achieved
    4. A Mediation Session was not Completed due to {the mediator will specify the circumstances for the mediation session not being completed e.g. failure to make payment}
15. The Parties agree to comply with the Mediation Timetable as set out in the accompanying documents.
16. The Parties agree that no formal record is to be made of the mediation.
17. The mediation shall be terminated;
    1. if either Party withdraws from the mediation 
    2. if the Mediator decides that continuation of the mediation is unlikely to result in a settlement or that it is otherwise inappropriate or undesirable to continue with the mediation 
    3. by a written agreement resolving the Parties’ dispute which is signed by the Parties.
18. The Parties agree that the Mediator shall not be liable to the Parties for any act, omission or default in connection with the mediation save in the event of wilful misconduct or bad faith on the part of the Mediator.
19. This agreement shall be governed by Northern Ireland law and the Courts of Northern Ireland shall have sole and exclusive jurisdiction to settle any claim or difference or dispute which may arise out of or in connection with this agreement.

Dated this     day

______________________________________________

on behalf of 

______________________________________________

on behalf of 

______________________________________________

the Mediator