THE MEDIATION PROCEDURE
for use with
MEDIATION AGREEMENT FOR CONSTRUCTION DISPUTES

© Daniel Atkinson 2001 22 December 2001

 

DISCLAIMER:

Parties should seek legal advice before entering into the Mediation Agreement and/or satisfy themselves that the Mediation Agreement is appropriate for resolution of their differences.
  1. Each Party shall on appointment of the Mediator, or within such period as the Mediator may allow, send to the Mediator and to the other Party a concise summary (the “Summary”) of its view of the Dispute and all relevant documents to which the Summary refers. Each Party may send to the Mediator and/or bring to the Mediation further documentation (the “Documents”) which it wishes to disclose in confidence to the Mediator but not to any other Party.
  2. The Mediator and the Parties shall agree the date and place for the Mediation Meeting. The Parties shall be responsible for the costs of the place of mediation including but not limited to room charges, communication and other facilities and refreshments.
  3. Each Party shall, in advance of the meeting, inform the Mediator and the other Party in writing of the name of its representative for the mediation, who shall have full authority to act on behalf of that Party and the names of any other persons who will attend the Mediation Meeting.
  4. Before the date of the Mediation Meeting, the Mediator shall read each Summary and all the Documents sent to him/her.
  5. Before the date of the Mediation Meeting, the Mediator may communicate with any Party or all of the Parties, if requested or if the Mediator decides at his/her sole discretion that this is appropriate.
  6. At the place of the Mediation Meeting, the Mediator shall chair and determine the procedure of the Mediation.
  7. The Mediator may:
    1. issue such instructions as he considers to be appropriate; and
    2. meet and question the Parties and their representatives, together or separately; and
    3. assist the parties in drawing up any written settlement agreement;
  8. No formal record or transcript of the Mediation shall be made.
  9. All documents and copies of documents produced by either of the Parties to the Mediator will be returned at the end of the Mediation.