Rules : Mediation
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MEDIATION RULES
TERMS & CONDITIONS
We, the parties, agree that ADR Chambers (UK) Ltd shall administer the mediation of the dispute and that the mediation shall be conducted on the following terms and conditions:
1.0 Terms and Conditions
1.1 The parties agree that these terms and conditions, being served with the letter of appointment, shall be deemed to apply to the mediation of the dispute notwithstanding the absence of any one or more signatures to the agreement.
1.2 This agreement is to be signed by the parties and the instructed legal representative of each party attending the mediation (if represented) on behalf of that party.
2.0 The Mediator
2.1 The parties agree to the appointment by ADR Chambers (UK) Ltd of the mediator named in the letter accompanying this agreement..
2.2 The parties understand that the mediator is independent and neutral, is not an agent or employee of ADR Chambers (UK) Ltd, and that the mediator does not give legal advice.
2.3 The parties also understand that the role of the mediator is to facilitate settlement of the dispute by negotiation and agreement where it is possible, and that the mediator will not adjudicate the dispute.
2.4 Save in the case of gross error or misconduct, the parties agree that they will respect the neutrality of the mediator, ADR Chambers (UK) Ltd, and any professional body to which the mediator may belong, and not bring any claim, demands or proceedings against any or all of these, arising out of the appointment of the mediator or the conduct of the mediation.
2.5 Any notes of the mediator are confidential to the mediator and shall not be available to the parties at any time, nor subject to subpoena for production as evidence in any court, tribunal or other judicial hearing or proceeding.
3.0 Venue and Date
3.1 The mediation will take place on the date and time agreed and at the venue stated in the letter of appointment accompanying this agreement.
3.2 If the mediation is being conducted at the premises of a party or their representatives, then the parties will make whatever arrangements are required and advise the Administrator accordingly. Alternatively, ADR Chambers (UK) Ltd will make the arrangements on behalf of the parties and charge the parties as provided in Clause 4.7.4.
4.0 Fees
4.1 The amount of the mediation fee to each party or, if not a fixed fee, the basis upon which the mediation fee is to be calculated, is set out in the letter of appointment accompanying this agreement.
4.2 In advance of the mediation, each party shall either pay the mediation fee to ADR Chambers (UK) Ltd or, where agreed by ADR Chambers (UK) Ltd in its absolute discretion, a deposit in the sum set out in the letter of appointment accompanying this agreement.
4.3 Following the conclusion of the mediation, the balance of the mediation fee, if any, together with any additional charges payable pursuant to this agreement, shall be paid by the parties to ADR Chambers (UK) Ltd, within 14 days of receipt of an invoice.
4.4 The parties agree that the mediation fee and any additional charges shall be borne equally between them, unless provided otherwise by this agreement or as a result of a mediated settlement, they agree otherwise.
4.5 VAT is payable on all fees and charges at the applicable rate from time to time.
4.6 In the event of late payment of any sum, interest shall accrue on the said sum at the rate of 4% above Barclays Bank base rate from time to time until payment and shall be added to the outstanding account.
4.7 Additional charges shall be payable by the parties in respect of:
4.7.1 Overtime beyond the agreed times set out in the letter of appointment accompanying this agreement, calculated pro rata to the mediation fee plus any extraordinary travel expenses of the mediator which may be incurred due to the lateness of the hour.
4.7.2 Additional preparation time by the mediator occasioned by cancellation or adjournment by a party, to be calculated pro rata to the mediation fee;
4.7.3 Any agreed expenses of the mediator;
4.7.4 Any incidental expenses, including venue hire, refreshments, and any other disbursements validly incurred by ADR Chambers (UK) Ltd in respect of the mediation, to the cost of which ADR Chambers shall be entitled to add a handling fee of 20%.
4.7.5 Any costs, charges and expenses incurred in enforcing the payment of any fees or additional sums which shall be payable on demand entirely by the party in default.
5.0 Cancellation and re-scheduling
5.1 In the event of cancellation of the mediation otherwise than by ADR Chambers (UK) Ltd, whenever and for whatever reason, the parties agree that there shall be a cancellation fee amounting to 50% of the mediation fee plus any additional charges incurred pursuant to Clauses 4.7.3 and 4.7.4.
5.2 In the event of the re-scheduling of the mediation otherwise than by ADR Chambers (UK) Ltd, whenever and for whatever reason, the parties agree that there shall be a re-scheduling fee amounting to 25% of the mediation fee plus any additional charges incurred pursuant to Clauses 4.7.3 and 4.7.4.
5.3 Notices of cancellation or re-scheduling shall be in writing to ADR Chambers (UK) Ltd.
6.0 Procedures
6.1 The parties may be represented if they wish, but legal representation is not a requirement. Where a party is not legally represented, such party is advised to obtain independent legal advice before, during and after the mediation and prior to finalising any agreement reached pursuant to the mediation.
6.2 No other person shall attend the mediation without the consent of the parties and the mediator.
6.3 The parties recognise that neither ADR Chambers (UK) Ltd nor the mediator offer legal advice or act as a legal advisor for any of the parties nor will they analyse or protect any party's legal position or rights.
6.4 The parties should agree and prepare a mediation brief providing the information set out in Appendix 1. Each party may also prepare a confidential brief to the mediator which will not be disclosed to the other party.
6.5 While it is recognised that mediation is a voluntary process and that the mediator will not, and cannot, compel the parties to settle, nor even to continue the mediation, the parties agree to participate in good faith with the aim of achieving settlement.
6.6 The parties agree that they will have present at the mediation such people as are authorised to agree settlement terms, or ensure that they themselves have such authority.
6.7 The parties agree that any settlement reached in the mediation will not be legally binding until written and signed.
6.8 There shall be no recording or stenographic record of the mediation.
6.9 Any of the parties or the mediator may end the mediation at any time without giving a reason.
7.0 Confidentiality
7.1 The parties recognise that the mediation is for the purpose of attempting to achieve a negotiated settlement and as such all information provided during the mediation is without prejudice and will be inadmissible in any litigation or arbitration of the dispute.
7.2 Evidence which is otherwise admissible shall not be rendered inadmissible as a result of its use in the mediation.
7.3 The parties will not subpoena or otherwise require ADR Chambers (UK) Ltd, a director or employee of ADR Chambers (UK) Ltd, the mediator or any other person attending the mediation under the auspices of ADR Chambers (UK) Ltd to testify or produce records, notes or any other information or material whatsoever in any future or continuing proceedings.
7.4 Every person involved in the mediation will keep confidential and not use for any collateral or ulterior purpose the fact that the mediation is to take place or has taken place, other than to inform a court dealing with any litigation relating to the dispute of that fact, save as otherwise may be required by statute or statutory instrument.
7.5 All documents, statements, information and other material produced prior to or during the course of the mediation, save to the extent that these documents have been disclosed already and are in the domain of the litigation, whether in writing or orally, shall be held in confidence by the parties and shall be used solely for the purposes of the mediation save as otherwise may be required by statute or statutory instrument.
7.6 At the termination of the mediation all such material shall be returned to the originating party or forthwith destroyed at their option.
8.0 Human Rights
8.1 The parties agree and acknowledge that the referral of this dispute to mediation does not affect the rights that may exist under Article 6 of the European Convention on Human Rights, and that if the dispute is not settled by mediation, the parties right to a fair trial remain unaffected.
9.0 Law and Jurisdiction
9.1 This agreement shall be governed by, construed and take effect in accordance with English Law.
9.2 The Courts of England and Wales shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with the Mediation.
©2002 ADR Chambers (UK) Ltd.