This agreement caters for whether the mediator's determination is final and binding and also whether it is capable of appeal. It further caters for mediators fees and the method of conducting the mediation.
Sample
"RECITALS:
A. Disputes have arisen between the Parties ("the Disputes");
B The nature of the Disputes is outlined briefly in Item 3 of the Schedule;
C The Parties have requested the Mediator, and the Mediator has agreed, on the terms and conditions of this Mediation Agreement:
1 to mediate the Disputes; and
2 in his capacity as mediator, to assist the Parties in their attempts to resolve tile Disputes.
1. (a) The Parties agree:
(i) to Co-operate with the Mediator in the conduct of the Mediation; and
(ii) to use their best endeavours to comply with all reasonable requests as may be made by the Mediator in order to promote the efficient resolution of the Disputes; and
(iii) if considered by the Mediator to be in the best Interests of the Parties, before meeting with the Mediator, to submit to each other and to the Mediator a written summary of the facts and legal arguments in support of each Party's position in relation to the Disputes; and
(iv) to meet with the Mediator at mutually agreed premises on a date or dates to be agreed upon;
During the course of the Mediation, the Mediator may meet......"
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Mediation agreement (to appoint mediator) - COMM 57
