Common use of Subsequent Proceedings Clause in Contracts

Subsequent Proceedings. 7.1 All parties acknowledge that information, electronic communications and documents brought into existence for and statements made in the mediation are privileged and are inadmissible in proceedings to determine issues in the dispute. In particular, legal professional privilege shall not be waived by the disclosure in the mediation of an electronic communication or document to which that privilege attaches. Nevertheless, a disputant may prove objective facts by direct evidence in any proceedings, notwithstanding that knowledge of those facts was obtained through a privileged communication. 7.2 If part or all of the dispute is settled by mediation a disputant may enforce the terms of settlement by judicial proceedings and adduce evidence of the making of the settlement agreement. 7.3 If at the conclusion of the mediation the disputants wish to consider appointing the mediator to determine any unresolved issues as arbitrator or expert, the mediator shall identify to each disputant from whom confidential information was received by the mediator such of that disputant’s confidential information as the mediator considers relevant to the arbitration or expert determination. If the disputants wish to proceed with the appointment, then all disputants shall so appoint the mediator in writing, expressly acknowledging that they have had the opportunity of obtaining legal advice before making the appointment and that they have no objection to the mediator acting as arbitrator or expert and specifying any institutional rules under which any arbitration is to be conducted or the precise questions that are to be the subject of any expert determination. The mediator may decline the appointment if he considers that he is unable impartially to determine any of the unresolved issues. If the mediator accepts the appointment, before taking any steps in the proceeding he must disclose to all disputants any confidential information obtained in the mediation that he considers relevant to the arbitration or expert determination. 7.4 Following the mediation and any arbitration or expert determination conducted by the mediator, the mediator will not act as advocate in nor provide advice to a disputant in relation to any arbitral or judicial proceeding relating to the dispute. No disputant will do anything to cause the mediator to breach this clause.

Subsequent Proceedings. 7.1 All parties acknowledge that information, electronic communications and documents brought into existence for and statements made in the mediation are privileged and are inadmissible in proceedings to determine issues in the dispute. In particular, client legal professional privilege shall not be waived by the disclosure in the mediation of an electronic communication or document to which that privilege attaches. Nevertheless, a disputant may prove objective facts by direct evidence in any proceedings, notwithstanding that knowledge of those facts was obtained through a privileged communication. 7.2 If part or all of the dispute is settled by mediation a disputant may enforce the terms of settlement by judicial proceedings and adduce evidence of the making of the settlement agreementagreement including, to the extent that it may be necessary, from the Mediator and any other person participating in the mediation. 7.3 If at the conclusion of the mediation the disputants wish to consider appointing the mediator Mediator to determine any unresolved issues as arbitrator or expert, the mediator Mediator shall identify to each disputant from whom confidential information was received by the mediator Mediator such of that disputant’s confidential information as the mediator Mediator considers relevant to the arbitration or expert determination. If the disputants wish to proceed with the appointment, then all disputants shall so appoint the mediator Mediator in writing, expressly acknowledging that they have had the opportunity of obtaining legal advice before making the appointment and that they have no objection to the mediator Mediator acting as arbitrator or expert and specifying any institutional rules under which any arbitration is to be conducted or the precise questions that are to be the subject of any expert determination. The mediator Mediator may decline the appointment if he considers that he is unable impartially to determine any of the unresolved issues. If the mediator Mediator accepts the appointment, before taking any steps in the proceeding he must disclose to all disputants any confidential information obtained in the mediation that he considers relevant to the arbitration or expert determination.determination.1 7.4 Following the mediation and any arbitration or expert determination conducted by the mediatorMediator, neither Strategic Resolution nor the mediator Mediator will not act as advocate in nor provide advice to a disputant in relation to any arbitral or judicial proceeding relating to the dispute. No disputant will do anything to cause the mediator Mediator to breach this clause.

Subsequent Proceedings. 7.1 All parties acknowledge that information, electronic communications and documents brought into existence for and statements made in the mediation are privileged and are inadmissible in proceedings to determine issues in the dispute. In particular, client legal professional privilege shall not be waived by the disclosure in the mediation of an electronic communication or document to which that privilege attaches. Nevertheless, a disputant may prove objective facts by direct evidence in any proceedings, notwithstanding that knowledge of those facts was obtained through a privileged communication. 7.2 If part or all of the dispute is settled by mediation a disputant may enforce the terms of settlement by judicial proceedings and adduce evidence of the making of the settlement agreementagreement including, to the extent that it may be necessary, from the Mediator and any other person participating in the mediation. 7.3 If at the conclusion of the mediation the disputants wish to consider appointing the mediator Mediator to determine any unresolved issues as arbitrator or expert, the mediator Mediator shall identify to each disputant from whom confidential information was received by the mediator Mediator such of that disputant’s confidential information as the mediator Mediator considers relevant to the arbitration or expert determination. If the disputants wish to proceed with the appointment, then all disputants shall so appoint the mediator Mediator in writing, expressly acknowledging that they have had the opportunity of obtaining legal advice before making the appointment and that they have no objection to the mediator Mediator acting as arbitrator or expert and specifying any institutional rules under which any arbitration is to be conducted or the precise questions that are to be the subject of any expert determination. The mediator Mediator may decline the appointment if he considers that he is unable impartially to determine any of the unresolved issues. If the mediator Mediator accepts the appointment, before taking any steps in the proceeding he must disclose to all disputants any confidential information obtained in the mediation that he considers relevant to the arbitration or expert determinationdetermination.1 1 This procedure accords with s27D of the Commercial Arbitration Act, 2010 (NSW). 7.4 Following the mediation and any arbitration or expert determination conducted by the mediatorMediator, neither Strategic Resolution nor the mediator Mediator will not act as advocate in nor provide advice to a disputant in relation to any arbitral or judicial proceeding relating to the dispute. No disputant will do anything to cause the mediator Mediator to breach this clause.