Representatives and Participants
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| 1. |
Each Party is represented in this Mediation by: |
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Party A:
.................................................................................................................. |
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Party B: .................................................................................................................. |
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(Each the Party’s “Representative” and jointly the “Representatives” ) |
| 2. |
In addition to the Representatives, the following will be present at and/or participate in the Mediation on behalf of each of the Parties: |
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Party A: .................................................................................................................. |
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Party B: .................................................................................................................. |
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(Each the Party’s “Participant” and jointly the “Participants” ) |
| 3. |
Each Party’s Representative acts for and on behalf and has the authority to settle the Dispute on behalf of the Party he/she represents. |
| 4. |
Each Party’s Representative agrees to be bound by the provisions of this Agreement and does so on its own behalf, on behalf of the Party he/she represents and on behalf of that Party’s Participant(s). |
| 5. |
A Party shall notify both the other Party and the Mediator immediately on any change to the above. |
Place of Mediation Meeting
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| 6. |
The Mediation Meeting shall take place at: |
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................................................................................................................................. |
The Conduct of the Mediation
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| 7. |
This Mediation shall be conducted in accordance with the
Mediation Procedure attached (the
“Procedure”). The Procedure is incorporated into, and forms part of, this Agreement. |
Interpretation
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| 8. |
This Agreement and the Procedure shall be interpreted and applied in the manner most conducive to the efficient conduct of the proceedings with the primary objective of achieving a settlement of the Dispute by written agreement between the Parties as quickly as possible. |
Confidentiality
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| 9. |
This Mediation process is confidential and considered settlement negotiations for all purposes. |
| 10. |
The Mediator, the Parties, the Representatives, the Participants and any pupil/observer shall keep strictly confidential
- all communications and information (whether given orally, in writing or otherwise) disclosed for, during, or as a result of
this Mediation, and
- all negotiations or settlement discussions in the course of this Mediation, and
- all consultations in relation to the Mediation, and
- all the Mediator's oral or written communications with the
Parties, Participants and Representatives in this Mediation in a
continuing effort to resolve the Dispute.
(the "Confidential Information")
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| 11. |
Subject to the proviso
below, the Confidential Information shall be privileged and not
admissible as evidence and not required to be produced in any
litigation, arbitration, adjudication or other proceedings whether
relating to the Dispute or otherwise arising out of the Works. Provided that Confidential Information otherwise admissible
or subject to the requirement to be produced in any proceedings
shall not be or become inadmissible or protected from the
requirement for production solely by reason of its introduction or
use in this Mediation. |
| 12. |
If
one Party discloses information only to the Mediator, the Mediator shall not divulge the information to the other Party,
Representatives or Participants without the consent of the Party
making the disclosure. |
| 13. |
The Mediator shall not be called as a witness at any litigation,
arbitration, adjudication or other proceedings whether relating to
the Dispute or otherwise arising out of the Works and the Mediator
shall not be compelled in such proceedings to disclosure any written
materials in his/her possession used in or developed for or in the
course of this Mediation. |
| 14. |
The Mediator shall not issue to the Parties, Representatives or the
Participants either orally or in writing a report, assessment,
evaluation, decision, recommendation, opinion or finding of any kind
concerning this Mediation or the Dispute. |
| 15. |
Neither
the Mediator, the Parties, the Representatives nor the
Participants may submit either orally or in writing a report,
assessment, evaluation, decision, recommendation, opinion or finding
of any kind concerning this Mediation to any court, arbitrator,
adjudicator or other legal tribunal whether relating to the Dispute
or otherwise arising out of the Works. |
| 16. |
The Parties understand and agree that disclosure of Confidential Information in breach of this Agreement will cause irreparable damage for which monetary damages will be inadequate. Consequently the Parties agree that any Party, Participant or Representative is entitled to obtain an injunction to prevent disclosure of Confidential Information in breach of this Agreement. |
Other Proceedings
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| 17. |
The
Mediator shall not represent and/or advise any Party or any
Representative or any Participant in any proceedings whether
relating to the Dispute or otherwise arising out of the Works. |
| 18. |
The
Mediator shall not be appointed adjudicator or arbitrator in any
proceedings whether relating to the Dispute or otherwise arising out
of the Works. |
| 19. |
Any
litigation, arbitration or adjudication in relation to the Dispute
may be commenced or continued notwithstanding this Mediation unless
the Parties agree otherwise. |
Termination
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| 20. |
This Mediation will terminate when:
- a Party informs the Mediator that it withdraws from the Mediation; or
- for 10 calendar days there is no communication between the Mediator and any Party relating to the Dispute, or
- a written settlement agreement is executed which fully resolves the Dispute; or
- the Mediator decides at his/her sole discretion that continuing the Mediation is unlikely to result in the execution of a written settlement agreement; or
- the Mediator decides at his/her sole discretion that one Party is not acting in good faith.
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Mediator’s Fees and Legal Expenses
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| 21. |
Each
Party shall be responsible for payment of an equal share of the fees
and expenses of the Mediator, save that the Parties are jointly and
severally liable for the whole of said fees and expenses. If any Party fails to make the payment due from him, the
other Party may pay the sum to the Mediator and recover the amount
from the defaulting Party as a debt due. Payment of the said fees and expenses will be made in
accordance with the attached Fee
Schedule. |
| 22. |
Each
Party shall bear its own costs and expenses of its participation in
this Mediation. |
The Settlement Agreement
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| 23. |
Any
settlement reached in whole or in part of the Dispute in this
Mediation will not be legally binding until it has been reduced to
writing and signed by, or on behalf of, the Parties. |
| 24. |
The
Mediator shall, if so requested by the Parties, assist them to
prepare the settlement agreement, but the Parties shall have the
agreement independently reviewed by its own legal advisors before
executing the settlement agreement. |
| 25. |
If
the Mediator signs the settlement agreement, he/she shall only sign
as a witness and not as a party to the settlement agreement. |
Law and Jurisdiction
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| 26. |
This
agreement shall be governed by, construed and take effect in
accordance with, English law. The
courts of England shall have exclusive jurisdiction to settle any
claim, dispute or matter of difference which may arise out of or in
connection with this Mediation. |
| 27. |
The
Mediator acts as a settlement facilitator and not as advocate for
any Party. The Parties
agree and accept that the Mediator's statements are not legal advice
to any Party. |
| 28. |
The
Mediator shall not be liable to the Parties or any person claiming
through them for any matter arising out of or in connection with
this Mediation or the way in which it is or has been conducted, and
the Parties shall not bring or allow to be brought on its behalf any
such claims against the Mediator. |