MEDIATION PROCEDURE

Statements by the Parties

1.1        The parties are free to agree how, and in what form, they will inform the mediator of their respective cases, Provided that, unless they have agreed otherwise, each party shall submit to the mediator, no later than 7 days before the date agreed between the mediator and the parties for the first scheduled mediation session, a brief written statement summarising his case; the background to the dispute; and the issues to be resolved.

1.2        Each written statement should be accompanied by copies of any documents to which it refers.

1.3        Each party shall, at the same time, submit a copy of his written statement and supporting documents to the other party or parities.

Conduct of the Mediation

2.1        The mediator may conduct the mediation in such manner as he sees fit, having in mind at all times the circumstances of the case and the wishes of the parties.

2.2        The mediator may communicate with the parties orally or in writing, together, or individually, and may convene a meeting or meetings at a venue to be determined by the mediator after consultations with the parties.

2.3        Nothing which is communicated to the mediator in private during the course of the mediation shall be repeated to the other party or parties, without the express consent of the party making the communication.

2.4        Each party shall notify the other party and the mediator of the number and identity of those persons who will attend any meeting convened by the mediator.

2.5        Each party shall identify a representative of that party who is authorised to settle the dispute on behalf of that party, and shall confirm that authority in writing.

2.6        Unless otherwise agreed by the parties, the mediator will decide the language(s) in which the mediation will be conducted.

Conclusion of the Mediation

3.1        The mediation will be at an end when, either

1. a settlement agreement is signed by the parties; or
2. the parties advise the mediator that it is their view that a settlement cannot be reached and that it is their wish to terminate the mediation; or
3. the mediator advised the parties that, in his or her judgement, the mediation process will not resolve the issues in dispute; or
4. the time limit for mediation provided in a Prior Agreement  has expired and the parties have not agreed to extend that time limit.

Settlement Agreement

4.1        If terms are agreed in settlement of the dispute, the parties, with the assistance of the mediator if the parties so request, shall draw up and sign a settlement agreement, setting out such terms.

4.2        By signing the settlement agreement, the parties agree to be bound by its terms.

Costs

5.1        The costs of the mediation (the “Costs”) shall include the fees and expenses of the mediator.

5.2        The Costs shall be borne equally by the parties (or in such other proportions as they have agreed in writing).

5.3        At the conclusion of the mediation the mediator will fix the Costs of the mediation.

5.4        If the Preliminary Fee exceeds the Costs, the excess will be reimbursed to the parties in the proportions in which they paid the deposit.  If the Costs exceed the Preliminary Fee, the shortfall will be invoiced to the parties for immediate payment in equal shares (or in such other proportions as they have agreed.)

5.5        Any other costs incurred by the parties, whether in regard to legal fees, experts’ fees or expenses of any other nature, will not be part of the Costs for the purposes of the Procedure.

Judicial or Arbitral Proceeding

6.1        Unless they have agreed otherwise, and notwithstanding the mediation, the parties may initiate or continue any arbitration or judicial proceedings in respect of the dispute which is the subject of the mediation.

Confidentiality and Privacy

7.1        All mediation sessions shall be private, and shall be attended only by the mediator, the parties and those individuals identified pursuant to Article 2.4.

7.2        The mediation process and all negotiations, and statements and documents prepared for the purposes of the mediation, shall be confidential and covered by “without prejudice” or negotiation privilege.

7.3        The mediation shall be confidential.  Unless agreed among the parties, or required by law, neither the mediator nor the parties may disclose to any person any information regarding the mediation or any settlement terms, or the outcome of the mediation.

7.4        All documents or other information produced for or arising in relation to the mediation will be privileged and will not be admissible in evidence or otherwise discoverable in any litigation or arbitration in connection with the dispute referred to mediation, except for any documents or other information which would in any event be admissible or discoverable in any such litigation or arbitration.

7.5        There shall be no formal record or transcript of the mediation.

7.6        The parties shall not rely upon, or introduce as evidence in any arbitral or judicial proceedings, any admissions, proposals, or views expressed by the parties or by the mediator during the course of the mediation.

Exclusion of Liability

8.1        The mediator shall not be liable to any party howsoever for any act or omission in connection with any mediation conducted by reference to the Procedure, save where the act or omission is shown by that party to constitute conscious and deliberate wrongdoing committed by the body or person alleged to be liable to that party.

8.2        The mediator shall not be under any legal obligation to make any statement to any person about any matter concerning the mediation, nor shall any party seek to make the mediator or any party to the mediation a witness in any legal or other proceedings arising out of the mediation.