The Mediation Clause Samples

The Mediation. 2.1 The Mediator may communicate by any means with the disputants and may meet with the disputants together or with any disputant alone. The disputants agree to co-operate with the Mediator and each other disputant in the conduct of the mediation and to use their best endeavours to comply with reasonable requests made by the Mediator to promote the efficient resolution of the dispute. 2.2 Until the mediation is concluded by agreement or is otherwise terminated, the disputants will include the Mediator in all their communications to each other relating to the mediation, including electronic communications, unless the Mediator otherwise agrees. 2.3 A disputant may withdraw from the mediation immediately by giving written notice to each other disputant and the Mediator. If the Mediator believes the mediation is no longer productive or that any party is abusing the process or if the Mediator learns something in confidence that makes it impossible for the Mediator to continue to participate, the Mediator may withdraw from the mediation immediately by giving written or oral notice to the disputants, who must then appoint another mediator unless a disputant withdraws.

The Mediation. The parties and mediator/intern will meet in person, or by phone, Skype, email or other means, as agreed. Each party will pay for his or her share of each meeting after it is over, including any flat rates for drafting of progress notes or agreements following the meeting. The number of meetings, their duration and structure will be agreed upon by the parties and the mediator.

The Mediation. 8.1 Parties, their Representatives, their advisers and the Mediator and Assistant Mediator (if any) shall keep confidential and shall not reveal save as required by law and insofar as may be necessary to bring into effect or enforce the settlement agreement:- 8.1.1 any written summaries of the Parties’ cases; 8.1.2 any statements whether oral or written made in the course of the Hearing; 8.1.3 any concessions or admissions of law or fact; 8.1.4 that any settlement has been reached; 8.2 The Mediation shall be confidential and shall be treated as though the same was a negotiation conducted upon a “without prejudice” basis with a view to settling proceedings and shall be privileged according to law. 8.3 No recording or other verbatim record shall be made or kept of the Mediation. 8.4 All documents, written case summaries, written submissions, written concessions or admissions of law or fact or written statements (whether prepared specifically for the purposes of the Mediation or not) used or disclosed for the purposes of the Mediation and in the possession of the Mediator shall be destroyed after the conclusion of termination of the Mediation. 8.5 The Parties shall not be permitted to rely upon any expression of opinion, advice or comment made by the Mediator in the course of the Mediation in or for the purposes of any legal or similar proceedings or any form of alternative dispute resolution in relation to the Dispute or any matter related to or concerning the subject matter of the Mediation. 8.6 The Parties will not call the Mediator or any employee or consultant of DMC as a witness nor require them to produce in evidence any records or notes relating to the Mediation in any litigation, arbitration or any other formal process arising from or in connection with the Dispute and the Mediation, nor will the Mediator nor any DMC employee or consultant act or agree to act as a witness, expert, arbitrator or consultant in any such process.

The Mediation. 2.1 The Mediation will take place on [date] starting at 10:30 am at [venue], commencing with introductions of those attending. Thereafter the Mediator will direct the procedure, and in so doing will have regard to the intent that the Mediation shall if practicable conclude not later than 7 pm. 2.2 The Mediation, including all preliminary steps, shall be conducted in such manner as the Mediator considers appropriate having regard to the nature and circumstances of the Disputes and the goal of an efficient and expeditious resolution to the Disputes having taken account of the views of each Party. 2.3 Each Party shall, no later than 5 pm on [date – usually 1 week before the mediation], unless otherwise agreed with the Mediator, send to the Mediator and to the other Party copies of all relevant documents (if possible, these should be in an agreed bundle) and a position statement. Each Party may send to the Mediator and/or bring to the Mediation any further documentation which it wishes to disclose in confidence to the Mediator but not to any other Party. 2.4 Before the date of the Mediation, the Mediator shall read all the documents and position statements sent to him and the Mediator may communicate with any Party or all of the Parties if requested or if the Mediator decides at his sole discretion that this is appropriate. 2.5 Each Party will use its best endeavours to comply with reasonable requests made by the Mediator to promote the efficient and expeditious resolution of the Disputes. 2.6 If a Party is a natural person, that Party must attend the Mediation meetings unless otherwise agreed between the Parties. If a Party is a Partnership, it must be represented by a Partner or other individual with full authority to make binding agreements settling the disputes. If a Party is not a natural person it must be represented at the Mediation meetings by an officer or employee with full authority to make binding agreements settling the Disputes. 2.7 Each Party must also appoint a legally qualified person or persons actively to assist and advise the Party in the Mediation and to perform such role or roles in the Mediation as the Party and the Mediator requires. No later than 48 hours before the Mediation, the Parties will provide the Mediator, and the other Party, with the names of those persons who will be attending the Mediation. 2.8 The Mediator shall chair and determine the procedure of the Mediation. 2.9 The Mediator may: (a) issue such instructions as he con...

The Mediation. 3.1. The Mediation will take place on [X]day Yth Z 201[2] at [address] and is scheduled to start at (insert time). 3.2. During the Mediation, the Mediator may meet with each Party (or some or all of their representatives) alone in private meetings or together with the other Party (or some or all of its representatives) in joint meetings. The Mediator will meet in private meetings and joint meetings as frequently as the Mediator considers appropriate. 3.3. The Parties, their representatives and the Mediator may make brief notes of what is said in the Mediation. Such notes must be kept confidential at all times and cannot be reproduced for use in litigation. No transcript or other recording of the Mediation shall be made. 3.4. Any Party may terminate its involvement in the Mediation at any time, but only after discussing such an intention with the Mediator and allowing the Mediator to give such notice to any other Party. 3.5. Should the Mediator at any time conclude that continuing the Mediation is unlikely to be beneficial to the Parties, the Mediator may, after consultation with each Party, bring the Mediation to a close earlier than anticipated. 3.6. If settlement of most or all of the issues between the Parties can be agreed, then the Heads of Agreement must be written and all Parties must sign this Agreement to evidence their consent to such terms. Such an Agreement will necessarily include which Legal Representative(s) will be responsible for formalising this Agreement for the purpose of requesting a Court or Tribunal to make an Order to enforce the agreed terms. 3.7. If settlement is not reached but the Parties agree to try to continue to resolve the dispute by way of Mediation, the Mediation will be adjourned to a date and venue convenient to the Parties and the Mediator.

The Mediation. The mediation shall be held on a date and at a place and time mutually acceptable to the mediator and the Members as soon as practicable following the appointment of the mediator, but in no event later than thirty (30) days thereafter. At least seventy-two (72) hours in advance of the mediation, each Member shall deliver to the other Member and the mediator its written analysis of the Dispute and its position on all aspects thereof. The mediator shall determine the format of the mediation to ensure that the Members have an opportunity to make an oral presentation of their views of the Dispute and to explain their positions.

The Mediation. The Parties participated in a mediation on August 23, 2021 with ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Esq. Prior to and during the mediation, the Parties informally exchanged voluminous information, including production of time and pay records for a random sample of Class Members and Aggrieved Employees, policies, paystub exemplars, and class and PAGA information. At the conclusion of the mediation, a mediator’s proposal was made, and thereafter accepted by the Parties. This Settlement Agreement is a result of the Parties’ arms-length negotiations.

The Mediation. This Settlement Agreement was reached only after extensive, arm’s-length negotiations conducted in a formal mediation. The Parties engaged in two mediation sessions conducted by ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, Esq., with each session lasting two days.

The Mediation a. The Mediation shall take place on the day and time, and at the venue, specified above (unless otherwise agreed by the Parties and the Mediator). b. The Parties shall in good faith attempt to resolve the dispute at the Mediation. c. The Parties shall attend in person, or by a duly authorised representative, with authority to settle the Dispute. d. The Legal Representatives may attend, or such further or other legal representatives as may be appointed.